097

Amendments to Annex V of the Agreement on Cooperation for the Protection and Improvement of the Environment in the Border Area of
14 August 1983, Mexico City, 1996

Done at Mexico City 7 May 1996
Entered into force 7 May 1996

Primary source citation: Copy of text provided by the U.S. Department of State

Note No. 0521

The Embassy of the United States of America presents its compliments to the Ministry of Foreign Relations and refers the Ministry to discussions on August 25, 1995 in Washington, D.C., March 5, 1996 in Mexico City, and March 26, 1996 in El Paso, Texas between representatives of the government of the United States of America and the government of the United Mexican States concerning new appendices to Annex V to the Agreement on Cooperation for tile Protection and Improvement of the Environment in the Border Area, signed at La Paz on August 14, 1983 (“the Agreement”).
The Embassy proposes that paragraphs 3 and 5 of Article I in Annex V be revised to read as shown on Attachment A hereto.
The Embassy further proposes that, as a result of the discussions noted above, the existing Appendix to Annex V to the Agreement be deleted and six new appendices, set forth in Attachment B hereto, be added to Annex V. Appendix 1 would create a Joint Advisory Committee for Air Quality Improvement in the Ciudad Juarez, Chihuahua/El Paso, Texas/Dona Ana County, New Mexico air basin, and appendices 2 through 6 would define geographic areas for study, labeled Study Areas “A” through “E”.
If the foregoing proposal is acceptable to the Government of the United Mexican States, the Embassy proposes, in accordance with Article IX of Annex V, that this note and the Ministry’s affirmative note in reply constitute an agreement between the Government of the United States of America and the government of the United Mexican States that shall enter into force on the date of the Ministry’s reply.
The Embassy of the United States of America avails itself of this opportunity to renew to the Ministry of Foreign Relations the assurances of its highest consideration.

Attachments:

A. Proposed Revisions to Article I of Annex V.
B. Six Proposed New Appendices to Annex V of Agreement.

Embassy of the United States of America,

Mexico, D.F., May 7, 1996.

ARTICLE I
DEFINITIONS

3. “Major stationary source” means any stationary source with emissions greater than 91 metric tons (100 tons) per year for which there is a specific air pollution control standard in force, any other source with emissions greater than 227 metric tons (250 tons) per year, and any other stationary source which the Parties mutually so designate for the purposes of this Annex.

5. “Ambient air quality standards” means critical ambient levels of air pollutants (e.g., the Normas Oficiales de Calidad del Aire (The Official Mexican Norms of Air Quality) and the National Ambient Air Quality Standards.)

APPENDIX 1

ANNEX V TO THE AGREEMENT BETWEEN THE UNITED MEXICAN STATES AND THE UNITED STATES OF AMERICA ON THE COOPERATION FOR
THE PROTECTION AND IMPROVEMENT OF THE ENVIRONMENT IN THE BORDER AREA

AGREEMENT OF COOPERATION BETWEEN THE UNITED MEXICAN
STATES AND THE UNITED STATES OF AMERICA REGARDING
INTERNATIONAL TRANSPORT OF URBAN AIR POLLUTION

Recalling that in the preamble to Annex V the Parties affirm their intention to ensure a reduction in air pollution concentrations for the benefit of their citizens living in the urban areas along the United States-Mexico border; and
Recognizing the importance of the participation of the local communities in carrying out the efforts to achieve this objective;
The Parties, having decided to establish a Joint Advisory Committee for the Improvement of Air Quality (hereinafter “the Committee”) in the Ciudad Juarez, Chihuahua/El Paso, Texas/Dona Ana County, New Mexico air basin (hereinafter “air basin”) ,
Have agreed as follows:

DEFINITION

The air basin is defined as the geographic area that includes El Paso County, Texas and those parts of Dona Ana County, New Mexico and the metropolitan area of Ciudad Juarez, Chihuahua that are within 100 km. of the border.

OBJECTIVE

The Committee is established for the purpose of developing and presenting recommendations to the Air Work Group established under the La Paz Agreement regarding strategies for the prevention and control of air pollution in the air basin.

SCOPE OF ACTIVITIES

The committee may develop recommendations for the Air Work Group on:

a) The joint development of studies and analyses on air quality monitoring and modeling, and air pollution prevention and abatement strategies in the air basin;
b) Exchanges of information on air quality matters such as air quality data, air emissions data, and data on compliance with each Party’s air standards;
c) Technical assistance programs, technology exchanges, and training in areas relevant to preventing and reducing air pollution in the air basin;
d) Environmental education and outreach programs for the general public relevant to preventing and reducing air pollution in the air basin;
e) Exploring strategies to prevent and reduce air pollution in the air basin, including recommendations on emissions trading and other economic incentives as well as improving the compatibility of air quality programs in the air basin; and
f) Such other air quality improvement issues as the Committee may deem to be pertinent to the air basin and as may be recommended by the Parties.

The Parties will provide a guidance document to the Committee detailing more specific subject areas which the Committee should consider. This guidance document may be updated periodically by the Parties.
The recommendations may include analyses of the estimated costs, and possible financial sources, to implement the recommendations. The recommendations may also address the availability of technology and training necessary for their implementation.

STRUCTURE AND ORGANIZATION

The Committee will consist of 20 persons, ten of whom are to be selected by each Party, in close consultation with state and local governmental officials and the public in the air basin.
The ten U.S. representatives invited to serve on the Committee will include (i) one representative of the federal government; (ii) one representative from each of the governments of the States of Texas and New Mexico; (iii) one representative from local government in El Paso, Texas; (iv) one representative from local government in Dona Ana County, New Mexico; and (v) five persons, residing in the air basin, who are not employed by federal or any state or local government. At least one of these five persons will be a representative of the business community and at least one will be a representative of a nongovernmental organization, a major portion of whose activities concerns air pollution.
The ten Mexican representatives invited to serve on the Committee will include (i) one representative of the National Institute of Ecology (INE-SEMARNAP); (ii) one representative of the Federal Attorney for Environmental Protection (PROFEPA); (iii) one representative of the Federal Health and Welfare Agency (SSA); (iv) one representative of the environmental authorities of the State of Chihuahua; (v) one representative of the environmental authorities of the Municipality of Ciudad Juarez; and (vi) five Mexican citizens, residing in Ciudad Juarez, who are not employed by federal, state, or local government. At least one of these five persons will be a representative of the private sector, at least one will be a representative of a nongovernmental organization, a major portion of whose activities concerns air pollution, at least one will be a representative of the academic institutions of Ciudad Juarez, and at least one will be a representative of the Consulting Council for Sustainable Development in the Northern Region.
One federal representative from each side will preside over the Committee. The Committee will make decisions by consensus.
The Committee will establish its own rules of procedure, subject to approval by the Parties. Meetings of the Committee will generally be open to the public.
The Air Work Group will consider the recommendations of the Committee and inform the Committee of any action taken pursuant to such recommendations.

The recommendations of the Committee will not be binding on the Air Work Group or the Parties.

REVIEW AND TERMINATION

The Parties will periodically review the implementation of this Appendix.
This Appendix will remain in force indefinitely, unless one of the Parties notifies the other in writing through diplomatic channels of its intention to terminate it or Annex V, in which case the Appendix shall terminate six months after the date of such notification.

APPENDIX 2

ANNEX TO THE AGREEMENT BETWEEN THE UNITED MEXICAN STATES
AND THE UNITED STATES OF AMERICA ON THE COOPERATION FOR THE
PROTECTION AND IMPROVEMENT OF THE ENVIRONMENT IN THE
BORDER AREA

AGREEMENT OF COOPERATION BETWEEN THE UNITED MEXICAN
STATES AND THE UNITED STATES OF AMERICA REGARDING
INTERNATIONAL TRANSPORT OF URBAN AIR POLLUTION

For the purpose of Annex V, the Parties agree to define Study Area “A” as:

El Paso County, Texas; that part of the State of New Mexico that is both south of latitude 32 degrees 00 minutes North and east of longitude 106 degrees 40 minutes West; and that part of the State of Chihuahua that is both north of latitude 31 degrees 20 minutes North and east of longitude 106 degrees 40 minutes West.

For Study Area “A” the Parties agree to define as selected pollutants the following: ozone, nitrogen oxides, non-methane hydrocarbons, carbon monoxide, sulfur dioxide, particulate matter, and lead.
For Study Area “A” the Parties agree to define as selected meteorological parameters the following: speed and direction of wind, and temperature and relative humidity.

APPENDIX 3

ANNEX TO THE AGREEMENT BETWEEN THE UNITED MEXICAN STATES
AND THE UNITED STATES OF AMERICA ON THE COOPERATION FOR THE
PROTECTION AND IMPROVEMENT OF THE ENVIRONMENT IN THE
BORDER AREA

AGREEMENT OF COOPERATION BETWEEN THE UNITED MEXICAN
STATES AND THE UNITED STATES OF AMERICA REGARDING
INTERNATIONAL TRANSPORT OF URBAN AIR POLLUTION

For the purpose of Annex V, the Parties agree to define Study Area “B” as:

The cities of Tijuana, in the State of Baja California, Mexico and San Diego, in the State of California, United States.

For Study Area “B” the Parties agree to define as selected pollutants the following: ozone, nitrogen oxides, carbon monoxide, sulfur dioxide, particulate matter, and lead.
For Study Area “B” the Parties agree to define as selected meteorological parameters the following: speed and direction of wind, and temperature and relative humidity.

APPENDIX 4

ANNEX TO THE AGREEMENT BETWEEN THE UNITED MEXICAN STATES
AND THE UNITED STATES OF AMERICA ON THE COOPERATION FOR THE
PROTECTION AND IMPROVEMENT OF THE ENVIRONMENT IN THE
BORDER AREA
AGREEMENT OF COOPERATION BETWEEN THE UNITED MEXICAN
STATES AND THE UNITED STATES OF AMERICA REGARDING
INTERNATIONAL TRANSPORT OF URBAN AIR POLLUTION

For the purpose of Annex V, the Parties agree to define Study Area “C” as:

The cities of Mexicali, in the State of Baja California, Mexico and Calexico, in the State of California, United States.

For Study Area “C” the Parties agree to define as selected pollutants the following: ozone, nitrogen oxides, carbon monoxide, sulfur dioxide, particulate matter, and lead.
For Study Area “C” the Parties agree to define as selected meteorological parameters the following: speed and direction of wind, and temperature and relative humidity.

APPENDIX 5

ANNEX TO THE AGREEMENT BETWEEN THE UNITED MEXICAN STATES
AND THE UNITED STATES OF AMERICA ON THE COOPERATION FOR THE
PROTECTION AND IMPROVEMENT OF THE ENVIRONMENT IN THE
BORDER AREA
AGREEMENT OF COOPERATION BETWEEN THE UNITED MEXICAN
STATES AND THE UNITED STATES OF AMERICA REGARDING
INTERNATIONAL TRANSPORT OF URBAN AIR POLLUTION

For the purpose of Annex V, the Parties agree to define Study Area “D” as:

The cities of Nogales, in the State of Sonora, Mexico and Nogales, in the State of Arizona, United States.

For Study Area “D”, the Parties agree to define particulate matter as the selected pollutant.

For Study area “D” the Parties agree to define as selected meteorological parameters the following: speed and direction of wind, and temperature and relative humidity.

APPENDIX 6

ANNEX TO THE AGREEMENT BETWEEN THE UNITED MEXICAN STATES
AND THE UNITED STATES OF AMERICA ON THE COOPERATION FOR THE
PROTECTION AND IMPROVEMENT OF THE ENVIRONMENT IN THE
BORDER AREA
AGREEMENT OF COOPERATION BETWEEN THE UNITED MEXICAN
STATES AND THE UNITED STATES OF AMERICA REGARDING
INTERNATIONAL TRANSPORT OF URBAN AIR POLLUTION

For the purpose of Annex V, the Parties agree to define Study Area “E” as:

The cities of Agua Prieta, in the State of Sonora, Mexico and Douglas, in the State of Arizona, United States.

For Study Area “E” the Parties agree to define particulate matter as the selected pollutant.
For Study Area “E” the Parties agree to define as selected meteorological parameters the following: speed and direction of wind, and temperature and relative humidity.

DEPARTMENT OF STATE
OFFICE OF LANGUAGE SERVICES

Translating Division

LS No. 150142
JF/HKE
Spanish

The Department of Foreign Relations presents its compliments to the Embassy of the United States and has the honor to refer to its diplomatic note No. 0521 of May 7, 1996, in which it submits a number of proposals concerning new Appendices to Annex V of the Agreement on Cooperation for the Protection and Improvement of the Environment in the Border Area, signed at La Paz, Baja California, on August 14, 1983 (“La Paz Agreement”). These proposals resulted from the negotiations on this subject between representatives of the Governments of Mexico and the United States of America, to which the Embassy’s note referred.
The Department wishes to express its agreement with regard to the revised text of paragraphs 3 and 5 of Article I of Annex V, which will now read as set forth in Annex “A” to this note.
Concerning the additional proposals of the Embassy, and in accordance with the agreement reached during the above-mentioned negotiations, the Department concurs that the existing Appendix to Annex V should be deleted and that six new Appendices should be incorporated therein. These new Appendices are included in this note as Annex “B.” In this way, the Department indicates its agreement that a Joint Advisory Committee for Air Quality Improvement will be established under Appendix 1 in the Ciudad Juarez, Chihuahua/El Paso, Texas/Dona Ana County, New Mexico air basin, and that Appendices 2 through 6 will define geographic areas for study to be designated by the letters “A” through “E.”
As established in Article IX of Annex V, the Department of Foreign Relations informs the Embassy that the proposal contained in the note from the United States Embassy dated May 7, 1996, and this note in reply constitute an agreement between the two governments that shall enter into force on today’s date.