| Montreal, 17/07/2003 – During negotiations for the North American Free Trade Agreement (NAFTA), citizens, public interest groups, and environmental organizations brought the issue of the environmental effects of liberalized trade into the free trade debate, a debate that eventually led to the negotiation of the side agreement North American Agreement for Environmental Cooperation (NAAEC) and the creation of Commission for Environment Cooperation in 1994. Part of this trade and environment agreement, a unique international model of public participation, involved the creation of a Joint Public Advisory Committee (JPAC), i.e., a 15-member, independent body that provides advice and public input to the CEC Council (the environment ministers of the three North American countries) on any matter within the scope of NAAEC.
In this context, on 23-25 June in Washington, DC, JPAC held meetings and its tenth session with the CEC Council.
JPAC Session with the Environment Ministers
During an in-camera session with the ministers, the JPAC Chair reported on activities carried out by the Committee and raised some JPAC's concerns:
Civil society has begun to actively denounce the results of NAFTA and express extreme disappointment that promised results are not forthcoming. It is critical, in the context of the upcoming Ten-year Review of NAFTA and NAAEC, and the FTAA negotiations, that the environment ministers send a clear and strong public statement in support of environmental protection and sustainable development in North America with concrete actions spelled out.
For example:
- As announced in 2001, the environment ministers should be directly engaged to approach their trade counterparts to hold a joint ministerial meeting and the (NAAEC) Article 10(6) officials meetings must be more efficient and transparent.
- Concrete actions should be undertaken on the issue of Transboundary Environmental Impact Assessment.
- The citizen submissions process under Articles 14 and 15 of the NAAEC plays a unique and indispensable role in fostering vigorous environmental enforcement but is still a source of much frustration for JPAC and the North American public. The implementation of this process must be more timely, open, accountable and effective, and be followed by concrete follow-up through CEC programs. Though announced at the last Council Session (in June 2002), the Ten-year Review of NAFTA and NAAEC is experiencing delay, because not all members have been nominated to the Ten-year Review and Assessment Committee. Immediate action must be taken to rectify this.
- It is also indispensable that the strategic planning undertaken by the Secretariat be linked with this retrospective, with a view to endorsing new goals in the program plan of the CEC and the public must be part of this process.
Following the JPAC Chair's report to the Council, selected JPAC members addressed issues of interest to JPAC on:
Following an exchange with the Ministers, JPAC was asked to provide them some specific advice on:
- Engaging the public in the development of a strategic plan on the air-related issues relevant to North America in cooperation with the NAAWG.
- Input on work related to renewable energy throughout North America.
- The management and tacking of hazardous waste in North America in cooperation with the CEC Task Force the Environmentally Sound Management and Tracking of Hazardous Wastes.
- Being actively involved in the Ten-year Review of the NAAEC.
Public Plenary Session on CEC North American Environmental Enforcement and Compliance Cooperation Program
During its own concurrent regular session, JPAC was very pleased to have had the opportunity to meet with the North American Working Group on Environmental Enforcement and Compliance Cooperation, (Enforcement Working Group, or EWG). Good exchanges between agency representatives from Canada, Mexico the United States, and the participants were a demonstration of the value and benefits of transparency and dialogue.
Many important comments and recommendations emerged from this session for "strengthening cooperation on the development and improvement of environmental laws, regulations, procedures, policies, and practices." Some of the points raised concerned:
- The need to develop capacity for measuring the environmental impacts of law enforcement as well as impacts from the lack of legislation or regulations.
- Disseminating information to encourage and promote compliance.
- Meaningful involvement of indigenous peoples and affected populations in policy development, the elaboration of new enforcement mechanisms and decision-making.
- Notice to Council that additional funds are required, especially in Mexico, for training, capacity building, technology transfer and infrastructure development.
JPAC provided the EWG, in writing, with some specific recommendations regarding the draft strategic plan within the context of a 60-day public review.
JPAC Workshop on CEC Assessments of Transboundary Air Issues
Another session involved a workshop between JPAC and representatives of the North American Air Working Group (NAAWG). JPAC attaches a very high priority to air issues and was very pleased that NAAWG participated in this session and exchanged views with the public.
To assist the working group in their preliminary stage of developing a strategic plan to address air-related issues relevant to North America, JPAC forwarded initial comments to the NAAWG concerning mandate and objectives, attention to pollution prevention, standards, comparability and compatibility of data and methodologies, education and outreach and coordination with existing bilateral agreements.
Meeting with the National and Governmental Advisory Committee Representatives
Finally, JPAC had an informal meeting with the National and Governmental Advisory Committee representatives to exchange information among the various public advisory committees of the CEC and to improve the effectiveness of advice to respective constituencies. It it planned to hold a similar joint meeting in the future.
Next JPAC Meetings
2-3 October 2003, in Montreal, Quebec, Canada
JPAC Public Meeting on Articles 14 and 15 of the North American Agreement on Environmental Cooperation; and JPAC Regular Session 03-03, including a Plenary Session on the proposed CEC Program Plan for 2004-2006
4-5 December 2003, in Miami, Florida, United States
Round Table: "An Unwelcome Dimension of Trade: The Impact of Alien Invasive Species in North America", organized in cooperation with the CEC Conservation of Biodiversity Program; and JPAC Regular Session 03-04
The CEC was established by Canada, Mexico and the United States to build cooperation among the North American Free Trade Agreement partners in implementing NAAEC, the environmental side accord to NAFTA. The CEC addresses environmental issues of continental concern, with particular attention to the environmental challenges and opportunities presented by continent-wide free trade.
All JPAC and CEC official publications can be found on the CEC web site at <www.cec.org>.
For more information on upcoming meetings, please contact:
Manon Pepin
Commission for Environmental Cooperation of North America
393, rue St-Jacques Ouest, Bureau 200
Montréal, Québec, Canada H2Y 1N9
Tel: (514) 350-4300; Fax: (514) 350-4314
E-mail: <mpepin@ccemtl.org>
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