Displaying 1 - 184 of 184

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

Label Provision
Art.9 Article 9: Council Structure and Procedures
Art.9.1 1. The Council shall comprise cabinet-level or equivalent representatives of the Parties, or their designees.
Art.9.2 2. The Council shall establish its rules and procedures.
Art.9.3 3. The Council shall convene:
Art.9.3.a (a) at least once a year in regular session; and
Art.9.3.b (b) in special session at the request of any Party.
Art.9.3.b.ix Regular sessions shall be chaired successively by each Party.
Art.9.4 4. The Council shall hold public meetings in the course of all regular sessions. Other meetings held in the course of regular or special sessions shall be public where the Council so decides.
Art.9.5 5. The Council may:
Art.9.5.a (a) establish, and assign responsibilities to, ad hoc or standing committees, working groups or expert groups;
Art.9.5.b (b) seek the advice of non-governmental organizations or persons, including independent experts; and
Art.9.5.c (c) take such other action in the exercise of its functions as the Parties may agree.
Art.9.6 6. All decisions and recommendations of the Council shall be taken by consensus, except as the Council may otherwise decide or as otherwise provided in this Agreement.
Art.9.7 7. All decisions and recommendations of the Council shall be made public, except as the Council may otherwise decide or as otherwise provided in this Agreement.
Art.10 Article 10: Council Functions
Art.10.1 1. The Council shall be the governing body of the Commission and shall:
Art.10.1.a (a) serve as a forum for the discussion of environmental matters within the scope of this Agreement;
Art.10.1.b (b) oversee the implementation and develop recommendations on the further elaboration of this Agreement and, to this end, the Council shall, within four years after the date of entry into force of this Agreement, review its operation and effectiveness in the light of experience;
Art.10.1.c (c) oversee the Secretariat;
Art.10.1.d (d) address questions and differences that may arise between the Parties regarding the interpretation or application of this Agreement;
Art.10.1.e (e) approve the annual program and budget of the Commission; and
Art.10.1.f (f) promote and facilitate cooperation between the Parties with respect to environmental matters.
Art.10.2 2. The Council may consider, and develop recommendations regarding:
Art.10.2.a (a) comparability of techniques and methodologies for data gathering and analysis, data management and electronic data communications on matters covered by this Agreement;
Art.10.2.b (b) pollution prevention techniques and strategies;
Art.10.2.c (c) approaches and common indicators for reporting on the state of the environment;
Art.10.2.d (d) the use of economic instruments for the pursuit of domestic and internationally agreed environmental objectives;
Art.10.2.e (e) scientific research and technology development in respect of environmental matters;
Art.10.2.f (f) promotion of public awareness regarding the environment;
Art.10.2.g (g) transboundary and border environmental issues, such as the long-range transport of air and marine pollutants;
Art.10.2.h (h) exotic species that may be harmful;
Art.10.2.i (i) the conservation and protection of wild flora and fauna and their habitat, and specially protected natural areas;
Art.10.2.j (j) the protection of endangered and threatened species;
Art.10.2.k (k) environmental emergency preparedness and response activities;
Art.10.2.l (1) environmental matters as they relate to economic development;
Art.10.2.m (m) the environmental implications of goods throughout their life cycles;
Art.10.2.n (n) human resource training and development in the environmental field;
Art.10.2.o (o) the exchange of environmental scientists and officials;
Art.10.2.p (p) approaches to environmental compliance and enforcement;
Art.10.2.q (q) ecologically sensitive national accounts;
Art.10.2.r (r) eco-labelling; and
Art.10.2.s (s) other matters as it may decide.
Art.10.3 3. The Council shall strengthen cooperation on the development and continuing improvement of environmental laws and regulations, including by:
Art.10.3.a (a) promoting the exchange of information on criteria and methodologies used in establishing domestic environmental standards; and
Art.10.3.b (b) without reducing levels of environmental protection, establishing a process for developing recommendations on greater compatibility of environmental technical regulations, standards and conformity assessment procedures in a manner consistent with the NAFTA.
Art.10.4 4. The Council shall encourage:
Art.10.4.a (a) effective enforcement by each Party of its environmental laws and regulations;
Art.10.4.b (b) compliance with those laws and regulations; and
Art.10.4.c (c) technical cooperation between the Parties.
Art.10.5 5. The Council shall promote and, as appropriate, develop recommendations regarding:
Art.10.5.a (a) public access to information concerning the environment that is held by public authorities of each Party, including information on hazardous materials and activities in its communities, and opportunity to participate in decision-making processes related to such public access; and
Art.10.5.b (b) appropriate limits for specific pollutants, taking into account differences in ecosystems.
Art.10.6 6. The Council shall cooperate with the NAFTA Free Trade Commission to achieve the environmental goals and objectives of the NAFTA by:
Art.10.6.a (a) acting as a point of inquiry and receipt for comments from non-governmental organizations and persons concerning those goals and objectives;
Art.10.6.b (b) providing assistance in consultations under Article 1114 of the NAFTA where a Party considers that another Party is waiving or derogating from, or offering to waive or otherwise derogate from, an environmental measure as an encouragement to establish, acquire, expand or retain an investment of an investor, with a view to avoiding any such encouragement;
Art.10.6.c (c) contributing to the prevention or resolution of environment-related trade disputes by:
Art.10.6.c.i (i) seeking to avoid disputes between the Parties,
Art.10.6.c.ii (ii)making recommendations to the Free Trade Commission with respect to the avoidance of such disputes, and
Art.10.6.c.iii (iii) identifying experts able to provide information or technical advice to NAFTA committees, working groups and other NAFTA bodies;
Art.10.6.d (d) considering on an ongoing basis the environmental effects of the NAFTA; and
Art.10.6.e (e) otherwise assisting the Free Trade Commission in environment-related matters.
Art.10.7 7. Recognizing the significant bilateral nature of many transboundary environmental issues, the Council shall, with a view to agreement between the Parties pursuant to this Article within three years on obligations, consider and develop recommendations with respect to:
Art.10.7.a (a) assessing the environmental impact of proposed projects subject to decisions by a competent government authority and likely to cause significant adverse transboundary effects, including a full evaluation of comments provided by other Parties and persons of other Parties;
Art.10.7.b (b) notification, provision of relevant information and consultation between Parties with respect to such projects; and
Art.10.7.c (c) mitigation of the potential adverse effects of such projects.
Art.10.8 8. The Council shall encourage the establishment by each Party of appropriate administrative procedures pursuant to its environmental laws to permit another Party to seek the reduction, elimination or mitigation of transboundary pollution on a reciprocal basis.
Art.10.9 9. The Council shall consider and, as appropriate, develop recommendations on the provision by a Party, on a reciprocal basis, of access to and rights and remedies before its courts and administrative agencies for persons in another Party's territory who have suffered or are likely to suffer damage or injury caused by pollution originating in its territory as if the damage or injury were suffered in its territory.
Sect.B Section B: The Secretariat
Art.11 Article 11: Secretariat Structure and Procedures
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.
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:
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;
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;
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
Art.11.2.d (d) the Executive Director shall inform the Council of all appointments.
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.
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.
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.
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.
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.
Art.11.8 8. The Secretariat shall safeguard:
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
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.
Art.15 Article 15: Factual Record
Art.15.1 1. If the Secretariat considers that the submission, in the light of any response provided by the Party, warrants developing a factual record, the Secretariat shall so inform the Council and provide its reasons.
Art.15.2 2. The Secretariat shall prepare a factual record if the Council, by a two-thirds vote, instructs it to do so.
Art.15.3 3. The preparation of a factual record by the Secretariat pursuant to this Article shall be without prejudice to any further steps that may be taken with respect to any submission.
Art.15.4 4. In preparing a factual record, the Secretariat shall consider any information furnished by a Party and may consider any relevant technical, scientific or other information:
Art.15.4.a (a) that is publicly available;
Art.15.4.b (b) submitted by interested non-governmental organizations or persons;
Art.15.4.c (c) submitted by the Joint Public Advisory Committee; or
Art.15.4.d (d) developed by the Secretariat or by independent experts.
Art.15.5 5. The Secretariat shall submit a draft factual record to the Council. Any Party may provide comments on the accuracy of the draft within 45 days thereafter.
Art.15.6 6. The Secretariat shall incorporate, as appropriate, any such comments in the final factual record and submit it to the Council.
Art.15.7 7. The Council may, by a two-thirds vote, make the final factual record publicly available, normally within 60 days following its submission.
Sect.C.7 Section C: Advisory Committees
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.19 Article 19: Official Languages
Art.19.1x The official languages of the Commission shall be English, French and Spanish. All annual reports under Article 12, reports submitted to the Council under Article 13, factual records submitted to the Council under Article 15(6) and panel reports under Part Five shall be available in each official language at the time they are made public. The Council shall establish rules and procedures regarding interpretation and translation.
Part.4 PART FOUR
Art.21 Article 21: Provision of Information
Art.21.1 1. On request of the Council or the Secretariat, each Party shall, in accordance with its law, provide such information as the Council or the Secretariat may require, including:
Art.21.1.a (a) promptly making available any information in its possession required for the preparation of a report or factual record, including compliance and enforcement data; and
Art.21.1.b (b) taking all reasonable steps to make available any other such information requested.
Art.21.2 2. If a Party considers that a request for information from the Secretariat is excessive or otherwise unduly burdensome, it may so notify the Council. The Secretariat shall revise the scope of its request to comply with any limitations established by the Council by a two-thirds vote.
Art.21.3 3. If a Party does not make available information requested by the Secretariat, as may be limited pursuant to paragraph 2, it shall promptly advise the Secretariat of its reasons in writing.
Part.5 PART FIVE
Art.23 Article 23: Initiation of Procedures
Art.23.1 1. If the consulting Parties fail to resolve the matter pursuant to Article 22 within 60 days of delivery of a request for consultations, or such other period as the consulting Parties may agree, any such Party may request in writing a special session of the Council.
Art.23.2 2. The requesting Party shall state in the request the matter complained of and shall deliver the request to the other Parties and to the Secretariat.
Art.23.3 3. Unless it decides otherwise, the Council shall convene within 20 days of delivery of the request and shall endeavor to resolve the dispute promptly.
Art.23.4 4. The Council may:
Art.23.4.a (a) call on such technical advisers or create such working groups or expert groups as it deems necessary,
Art.23.4.b (b) have recourse to good offices, conciliation, mediation or such other dispute resolution procedures, or
Art.23.4.c (c) make recommendations, as may assist the consulting Parties to reach a mutually satisfactory resolution of the dispute. Any such recommendations shall be made public if the Council, by a two-thirds vote, so decides.
Art.23.5 5. Where the Council decides that a matter is more properly covered by another agreement or arrangement to which the consulting Parties are party, it shall refer the matter to those Parties for appropriate action in accordance with such other agreement or arrangement.
Art.24 Article 24: Request for an Arbitral Panel
Art.24.1 1. If the matter has not been resolved within 60 days after the Council has convened pursuant to Article 23, the Council shall, on the written request of any consulting Party and by a two-thirds vote, convene an arbitral panel to consider the matter where the alleged persistent pattern of failure by the Party complained against to effectively enforce its environmental law relates to a situation involving workplaces, firms, companies or sectors that produce goods or provide services:
Art.24.1.a (a) traded between the territories of the Parties; or
Art.24.1.b (b) that compete, in the territory of the Party complained against, with goods or services produced or provided by persons of another Party.
Art.24.2 2. A third Party that considers it has a substantial interest in the matter shall be entitled to join as a complaining Party on delivery of written notice of its intention to participate to the disputing Parties and the Secretariat. The notice shall be delivered at the earliest possible time, and in any event no later than seven days after the date of the vote of the Council to convene a panel.
Art.24.3 3. Unless otherwise agreed by the disputing Parties, the panel shall be established and perform its functions in a manner consistent with the provisions of this Part.
Art.25 Article 25: Roster
Art.25.1 1. The Council shall establish and maintain a roster of up to 45 individuals who are willing and able to serve as panelists. The roster members shall be appointed by consensus for terms of three years, and may be reappointed.
Art.25.2 2. Roster members shall:
Art.25.2.a (a) have expertise or experience in environmental law or its enforcement, or in the resolution of disputes arising under international agreements, or other relevant scientific, technical or professional expertise or experience;
Art.25.2.b (b) be chosen strictly on the basis of objectivity, reliability and sound judgment;
Art.25.2.c (c) be independent of, and not be affiliated with or take instructions from, any Party, the Secretariat or the Joint Public Advisory Committee; and
Art.25.2.d (d) comply with a code of conduct to be established by the Council.
Art.28 Article 28: Rules of Procedure
Art.28.1 1. The Council shall establish Model Rules of Procedure. The procedures shall provide:
Art.28.1.a (a) a right to at least one hearing before the panel;
Art.28.1.b (b) the opportunity to make initial and rebuttal written submissions; and
Art.28.1.c (c) that no panel may disclose which panelists are associated with majority or minority opinions.
Art.28.2 2. Unless the disputing Parties otherwise agree, panels convened under this Part shall be established and conduct their proceedings in accordance with the Model Rules of Procedure.
Art.28.3 3. Unless the disputing Parties otherwise agree within 20 days after the Council votes to convene the panel, the terms of reference shall be:
Art.28.3.ax "To examine, in light of the relevant provisions of the Agreement, including those contained in Part Five, whether there has been a persistent pattern of failure by the Party complained against to effectively enforce its environmental law, and to make findings, determinations and recommendations in accordance with Article 31(2)."
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