Displaying 1 - 103 of 103

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

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.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.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.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.26 Article 26: Qualifications of Panelists
Art.26.1 1. All panelists shall meet the qualifications set out in Article 25(2).
Art.26.2 2. Individuals may not serve as panelists for a dispute in which:
Art.26.2.a (a) they have participated pursuant to Article 23(4); or
Art.26.2.b (b) they have, or a person or organization with which they are affiliated has, an interest, as set out in the code of conduct established under Article 25(2)(d).
Art.27 Article 27: Panel Selection
Art.27.1 1. Where there are two disputing Parties, the following procedures shall apply:
Art.27.1.a (a) The panel shall comprise five members.
Art.27.1.b (b) The disputing Parties shall endeavor to agree on the chair of the panel within 15 days after the Council votes to convene the panel. If the disputing Parties are unable to agree on the chair within this period, the disputing Party chosen by lot shall select within five days a chair who is not a citizen of that Party.
Art.27.1.c (c) Within 15 days of selection of the chair, each disputing Party shall select two panelists who are citizens of the other disputing Party.
Art.27.1.d (d) If a disputing Party fails to select its panelists within such period, such panelists shall be selected by lot from among the roster members who are citizens of the other disputing Party.
Art.27.2 2. Where there are more than two disputing Parties, the following procedures shall apply:
Art.27.2.a (a) The panel shall comprise five members.
Art.27.2.b (b) The disputing Parties shall endeavor to agree on the chair of the panel within 15 days after the Council votes to convene the panel. If the disputing Parties are unable to agree on the chair within this period, the Party or Parties on the side of the dispute chosen by lot shall select within 10 days a chair who is not a citizen of such Party or Parties.
Art.27.2.c (c) Within 30 days of selection of the chair, the Party complained against shall select two panelists, one of whom is a citizen of a complaining Party, and the other of whom is a citizen of another complaining Party. The complaining Parties shall select two panelists who are citizens of the Party complained against.
Art.27.2.d (d) If any disputing Party fails to select a panelist within such a period, such panelist shall be selected by lot in accordance with the citizenship criteria of subparagraph (c).
Art.27.3 3. Panelists shall normally be selected from the roster. Any disputing Party may exercise a peremptory challenge against any individual not on the roster who is proposed as a panelist by a disputing Party within 30 days after the individual has been proposed.
Art.27.4 4. If a disputing Party believes that a panelist is in violation of the code of conduct, the disputing Parties shall consult and, if they agree, the panelist shall be removed and a new panelist shall be selected in accordance with this Article.
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.29 Article 29: Third Party Participation
Art.29.1x A party that is not a disputing Party, on delivery of a written notice to the disputing Parties and to the Secretariat, shall be entitled to attend all hearings, to make written and oral submissions to the panel and to receive written submissions of the disputing Parties.
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.