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

Label Provision
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.43 Article 43: Funding of the Commission
Art.43.1x Each Party shall contribute an equal share of the annual budget of the Commission, subject to the availability of appropriated funds in accordance with the Party's legal procedures. No Party shall be obligated to pay more than any other Party in respect of an annual budget.