PART TWO
OBLIGATIONS
Article 2: General Commitments
1. Each Party shall, with respect to its territory:
(a) periodically prepare and make publicly available reports on the state of the
environment;
(b) develop and review environmental emergency preparedness measures;
(c) promote education in environmental matters, including environmental law;
(d) further scientific research and technology development in respect of environmental
matters;
(e) assess, as appropriate, environmental impacts; and
(f) promote the use of economic instruments for the efficient achievement of
environmental goals.
2. Each Party shall consider implementing in its law any recommendation developed by
the Council under Article 10(5)(b).
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.
Article 3: Levels of Protection
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.
Article 4: Publication
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.
2. To the extent possible, each Party shall:
(a) publish in advance any such measure that it proposes to adopt; and
(b) provide interested persons and Parties a reasonable opportunity to comment on such
proposed measures.
Article 5: Government Enforcement Action
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:
(a) appointing and training inspectors;
(b) monitoring compliance and investigating suspected violations, including through
on-site inspections;
(c) seeking assurances of voluntary compliance and compliance agreements;
(d) publicly releasing non-compliance information;
(e) issuing bulletins or other periodic statements on enforcement procedures;
(f) promoting environmental audits;
(g) requiring record keeping and reporting;
(h) providing or encouraging mediation and arbitration services;
(i) using licenses, permits or authorizations;
(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;
(k) providing for search, seizure or detention; or
(l) issuing administrative orders, including orders of a preventative, curative or
emergency nature.
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.
3. Sanctions and remedies provided for a violation of a Party's environmental laws and
regulations shall, as appropriate:
(a) take into consideration the nature and gravity of the violation, any economic
benefit derived from nacec.the violation by the violator, the economic condition of
the
violator, and other relevant factors; and
(b) include compliance agreements, fines, imprisonment, injunctions, the closure of
facilities, and the cost of containing or cleaning up pollution.
Article 6: Private Access to Remedies
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.
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.
3. Private access to remedies shall include rights, in accordance with the Party's law,
such as:
(a) to sue another person under that Party's jurisdiction for damages;
(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;
(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
(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 nacec.tortious conduct.
Article 7: Procedural Guarantees
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:
(a) comply with due process of law;
(b) are open to the public, except where the administration of justice otherwise
requires;
(c) entitle the parties to the proceedings to support or defend their respective
positions and to present information or evidence; and
(d) are not unnecessarily complicated and do not entail unreasonable charges or time
limits or unwarranted delays.
2. Each Party shall provide that final decisions on the merits of the case in such
proceedings are:
(a) in writing and preferably state the reasons on which the decisions are based;
(b) made available without undue delay to the parties to the proceedings and,
consistent with its law, to the public; and
(c) based on information or evidence in respect of which the parties were offered the
opportunity to be heard.
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.
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.
|