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

Displaying 1 - 85 of 85
Label Provision
Art.1 Article 1: Objectives
Art.1.1x The objectives of this Agreement are to:
Art.1.1x.a (a) foster the protection and improvement of the environment in the territories of the Parties for the well-being of present and future generations;
Art.1.1x.b (b) promote sustainable development based on cooperation and mutually supportive environmental and economic policies;
Art.1.1x.c (c) increase cooperation between the Parties to better conserve, protect, and enhance the environment, including wild flora and fauna;
Art.1.1x.d (d) support the environmental goals and objectives of the NAFTA;
Art.1.1x.e (e) avoid creating trade distortions or new trade barriers;
Art.1.1x.f (f) strengthen cooperation on the development and improvement of environmental laws, regulations, procedures, policies and practices;
Art.1.1x.g (g) enhance compliance with, and enforcement of, environmental laws and regulations;
Art.1.1x.h (h) promote transparency and public participation in the development of environmental laws, regulations and policies;
Art.1.1x.h.i (i) promote economically efficient and effective environmental measures; and
Art.1.1x (j) promote pollution prevention policies and practices.
Art.2 Article 2: General Commitments
Art.2.1 1. Each Party shall, with respect to its territory:
Art.2.1.a (a) periodically prepare and make publicly available reports on the state of the environment;
Art.2.1.b (b) develop and review environmental emergency preparedness measures;
Art.2.1.c (c) promote education in environmental matters, including environmental law;
Art.2.1.d (d) further scientific research and technology development in respect of environmental matters;
Art.2.1.e (e) assess, as appropriate, environmental impacts; and
Art.2.1.f (f) promote the use of economic instruments for the efficient achievement of environmental goals.
Art.2.2 2. Each Party shall consider implementing in its law any recommendation developed by the Council under Article 10(5)(b).
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.
Art.4 Article 4: Publication
Art.4.1 1. Each Party shall ensure that its laws, regulations, procedures and administrative rulings of general application respecting any matter covered by this Agreement are promptly published or otherwise made available in such a manner as to enable interested persons and Parties to become acquainted with them.
Art.4.2 2. To the extent possible, each Party shall:
Art.4.2.a (a) publish in advance any such measure that it proposes to adopt; and
Art.4.2.b (b) provide interested persons and Parties a reasonable opportunity to comment on such proposed measures.
Art.6 Article 6: Private Access to Remedies
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.
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.
Art.6.3 3. Private access to remedies shall include rights, in accordance with the Party's law, such as:
Art.6.3.a (a) to sue another person under that Party's jurisdiction for damages;
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;
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
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.
Art.7 Article 7: Procedural Guarantees
Art.7.1 1. Each Party shall ensure that its administrative, quasi-judicial and judicial proceedings referred to in Articles 5(2) and 6(2) are fair, open and equitable, and to this end shall provide that such proceedings:
Art.7.1.a (a) comply with due process of law;
Art.7.1.b (b) are open to the public, except where the administration of justice otherwise requires;
Art.7.1.c (c) entitle the parties to the proceedings to support or defend their respective positions and to present information or evidence; and
Art.7.1.d (d) are not unnecessarily complicated and do not entail unreasonable charges or time limits or unwarranted delays.
Art.7.2 2. Each Party shall provide that final decisions on the merits of the case in such proceedings are:
Art.7.2.a (a) in writing and preferably state the reasons on which the decisions are based;
Art.7.2.b (b) made available without undue delay to the parties to the proceedings and, consistent with its law, to the public; and
Art.7.2.c (c) based on information or evidence in respect of which the parties were offered the opportunity to be heard.
Art.7.3 3. Each Party shall provide, as appropriate, that parties to such proceedings have the right, in accordance with its law, to seek review and, where warranted, correction of final decisions issued in such proceedings.
Art.7.4 4. Each Party shall ensure that tribunals that conduct or review such proceedings are impartial and independent and do not have any substantial interest in the outcome of the matter.
Art.12 Article 12: Annual Report of the Commission
Art.12.1 1. The Secretariat shall prepare an annual report of the Commission in accordance with instructions from the Council. The Secretariat shall submit a draft of the report for review by the Council. The final report shall be released publicly.
Art.12.2 2. The report shall cover:
Art.12.2.a (a) activities and expenses of the Commission during the previous year;
Art.12.2.b (b) the approved program and budget of the Commission for the subsequent year;
Art.12.2.c (c) the actions taken by each Party in connection with its obligations under this Agreement, including data on the Party's environmental enforcement activities;
Art.12.2.d (d) relevant views and information submitted by non-governmental organizations and persons, including summary data regarding submissions, and any other relevant information the Council deems appropriate;
Art.12.2.e (e) recommendations made on any matter within the scope of this Agreement; and
Art.12.2.f (f) any other matter that the Council instructs the Secretariat to include.
Art.12.3 3. The report shall periodically address the state of the environment in the territories of the Parties.
Art.20 Article 20: Cooperation
Art.20.1 1. The Parties shall at all times endeavor to agree on the interpretation and application of this Agreement, and shall make every attempt through cooperation and consultations to resolve any matter that might affect its operation.
Art.20.2 2. To the maximum extent possible, each Party shall notify any other Party with an interest in the matter of any proposed or actual environmental measure that the Party considers might materially affect the operation of this Agreement or otherwise substantially affect that other Party's interests under this Agreement.
Art.20.3 3. On request of any other Party, a Party shall promptly provide information and respond to questions pertaining to any such actual or proposed environmental measure, whether or not that other Party has been previously notified of that measure.
Art.20.4 4. Any Party may notify any other Party of, and provide to that Party, any credible information regarding possible violations of its environmental law, specific and sufficient to allow the other Party to inquire into the matter. The notified Party shall take appropriate steps in accordance with its law to so inquire and to respond to the other Party.
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.
Art.39 Article 39: Protection of Information
Art.39.1 1. Nothing in this Agreement shall be construed to require a Party to make available or allow access to information:
Art.39.1.a (a) the disclosure of which would impede its environmental law enforcement; or
Art.39.1.b (b) that is protected from disclosure by its law governing business or proprietary information, personal privacy or the confidentiality of governmental decision making.
Art.39.2 2. If a Party provides confidential or proprietary information to another Party, the Council, the Secretariat or the Joint Public Advisory Committee, the recipient shall treat the information on the same basis as the Party providing the information.
Art.39.3 3. Confidential or proprietary information provided by a Party to a panel under this Agreement shall be treated in accordance with the rules of procedure established under Article 28.
Art.44 Article 44: Privileges and Immunities
Art.44.1x The Executive Director and staff of the Secretariat shall enjoy in the territory of each Party such privileges and immunities as are necessary for the exercise of their functions.