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Art.2 |
Article 2: General Commitments |
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Art.2.1 |
1. Each Party shall, with respect to its territory: |
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Art.2.1.a |
(a) periodically prepare and make publicly available reports on the state of the environment; |
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Art.2.1.b |
(b) develop and review environmental emergency preparedness measures; |
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Art.2.1.c |
(c) promote education in environmental matters, including environmental law; |
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Art.2.1.d |
(d) further scientific research and technology development in respect of environmental matters; |
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Art.2.1.e |
(e) assess, as appropriate, environmental impacts; and |
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Art.2.1.f |
(f) promote the use of economic instruments for the efficient achievement of environmental goals. |
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Art.2.2 |
2. Each Party shall consider implementing in its law any recommendation developed by the Council under Article 10(5)(b). |
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Art.2.3 |
3. Each Party shall consider prohibiting the export to the territories of the other Parties of a pesticide or toxic substance whose use is prohibited within the Party's territory. When a Party adopts a measure prohibiting or severely restricting the use of a pesticide or toxic substance in its territory, it shall notify the other Parties of the measure, either directly or through an appropriate international organization. |
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Art.3 |
Article 3: Levels of Protection |
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Art.3.1x |
Recognizing the right of each Party to establish its own levels of domestic environmental protection and environmental development policies and priorities, and to adopt or modify accordingly its environmental laws and regulations, each Party shall ensure that its laws and regulations provide for high levels of environmental protection and shall strive to continue to improve those laws and regulations. |
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Art.5 |
Article 5: Government Enforcement Action |
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Art.5.1 |
1. With the aim of achieving high levels of environmental protection and compliance with its environmental laws and regulations, each Party shall effectively enforce its environmental laws and regulations through appropriate governmental action, subject to Article 37, such as: |
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Art.5.1.a |
(a) appointing and training inspectors; |
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Art.5.1.b |
(b) monitoring compliance and investigating suspected violations, including through on-site inspections; |
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Art.5.1.c |
(c) seeking assurances of voluntary compliance and compliance agreements; |
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Art.5.1.d |
(d) publicly releasing non-compliance information; |
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Art.5.1.e |
(e) issuing bulletins or other periodic statements on enforcement procedures; |
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Art.5.1.f |
(f) promoting environmental audits; |
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Art.5.1.g |
(g) requiring record keeping and reporting; |
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Art.5.1.h |
(h) providing or encouraging mediation and arbitration services; |
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Art.5.1.i |
(i) using licenses, permits or authorizations; |
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Art.5.1.j |
(j) initiating, in a timely manner, judicial, quasi-judicial or administrative proceedings to seek appropriate sanctions or remedies for violations of its environmental laws and regulations; |
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Art.5.1.k |
(k) providing for search, seizure or detention; or |
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Art.5.1.l |
(l) issuing administrative orders, including orders of a preventative, curative or emergency nature. |
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Art.5.2 |
2. Each party shall ensure that judicial, quasi-judicial or administrative enforcement proceedings are available under its law to sanction or remedy violations of its environmental laws and regulations. |
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Art.5.3 |
3. Sanctions and remedies provided for a violation of a Party's environmental laws and regulations shall, as appropriate: |
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Art.5.3.a |
(a) take into consideration the nature and gravity of the violation, any economic benefit derived from the violation by the violator, the economic condition of the violator, and other relevant factors; and |
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Art.5.3.b |
(b) include compliance agreements, fines, imprisonment, injunctions, the closure of facilities, and the cost of containing or cleaning up pollution. |
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Art.6 |
Article 6: Private Access to Remedies |
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Art.6.1 |
1. Each Party shall ensure that interested persons may request the Party's competent authorities to investigate alleged violations of its environmental laws and regulations and shall give such requests due consideration in accordance with law. |
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Art.6.2 |
2. Each Party shall ensure that persons with a legally recognized interest under its law in a particular matter have appropriate access to administrative, quasi-judicial or judicial proceedings for the enforcement of the Party's environmental laws and regulations. |
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Art.6.3 |
3. Private access to remedies shall include rights, in accordance with the Party's law, such as: |
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Art.6.3.a |
(a) to sue another person under that Party's jurisdiction for damages; |
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Art.6.3.b |
(b) to seek sanctions or remedies such as monetary penalties, emergency closures or orders to mitigate the consequences of violations of its environmental laws and regulations; |
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Art.6.3.c |
(c) to request the competent authorities to take appropriate action to enforce that Party's environmental laws and regulations in order to protect the environment or to avoid environmental harm; or |
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Art.6.3.d |
(d) to seek injunctions where a person suffers, or may suffer, loss, damage or injury as a result of conduct by another person under that Party's jurisdiction contrary to that Party's environmental laws and regulations or from tortious conduct. |
