DR-CAFTA Environment Chapter and Cooperation Mara M. Burr Deputy Assistant United States Trade...
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Transcript of DR-CAFTA Environment Chapter and Cooperation Mara M. Burr Deputy Assistant United States Trade...
DR-CAFTAEnvironment Chapter and Cooperation
Mara M. Burr
Deputy Assistant
United States Trade
Representative
2
Environment Chapter
• Article 17.1 Levels of Protection/ Niveles de Proteccion
• Right of each Party to establish its own levels of domestic environmental protection
• Parties shall ensure that laws and policies provide for and encourage high levels of environmental protection and, shall strive to continue to improve those laws and policies
3
Environment Chapter
• Article 17.2 Enforcement of Environmental Laws/ Aplication de la Legislacion Ambiental
• A Party shall not fail to effectively enforce its environmental laws
• Recognition that it is inappropriate to encourage trade or investment by weakening or reducing protections afforded in domestic environmental laws
4
Environment Chapter
• Article 17.3 Procedural Matters/ Reglas de Procedimiento
• Parties shall ensure availability of judicial, quasi-judicial, or administrative proceedings – to sanction or remedy violations of environmental laws
• Such proceedings shall be fair, equitable and transparent
5
Environment Chapter
• Article 17.4 Voluntary Mechanisms to Enhance Environmental Performance/ Mecanismos Voluntarios para Mejorar el Decempeno Ambiental
• Each Party shall encourage the development and use of voluntary mechanisms – to protect or enhance the environment --
--partnerships
--guidelines
--information sharing
--market-based incentives
6
Environment Chapter
• Article 17.5 Environmental Affairs Council/ Consejo de Asuntos Ambientales
• Environmental Affairs Council comprising cabinet-level or equivalent representatives
• Oversee implementation and progress under the Chapter
• Annual Meetings • Opportunities for public meetings
7
Environment Chapter
• Article 17.6 Opportunities for Public Participation/ Opportunidades para la Participacion Publica
• Receipt and consideration of public communications on matters related to the Chapter
• Each Party shall convene a new, or consult an existing national consultative or advisory committee
8
Environment Chapter
• Article 17.7 Submissions on Enforcement Matters/ Comunicaciones Relativas a la Aplicacion de la Legislacion Ambiental
• Any person of a Party may file a submission asserting that a Party is failing to effectively enforce its environmental laws
• Unit within SIECA will be responsible for such submissions concerning enforcement matters in the DR or Central America
• NAAEC/CEC for submissions on enforcement matters concerning the United States for persons of the United States
9
Environment Chapter
• Article 17.8 Factual Records and Related Cooperation/ Expediente de Hechos y Cooperacion Relacionada
• Secretariat determines that a submission warrants development of a factual record
• Secretariat shall prepare a factual record if the Council, by vote of any Party, instructs it to do so
• Council may, by a vote of any Party, make the final factual record public
• Matters addressed in a factual record may be addressed through environmental cooperation
10
Environment Chapter
• Article 17.9 Environmental Cooperation/ Cooperacion Ambiental
• Parties recognize importance of strengthening capacity• Expanding cooperative relationship• Environmental Cooperation Agreement (ECA)• Priority areas of cooperation identified in Annex 17.9
11
Environment Chapter
• Article 17.10 Collaborative Environmental Consultations/ Consultas Ambientales Colaborativas
• Party may request consultations regarding any matter arising under the Chapter
• Specific request to allow the Party to respond• Parties shall make every attempt to arrive at a mutually
satisfactory resolution• Council my be convened to consider the matter• Dispute settlement – Article 17.2.1(a) –only after failing
to resolve the matter through environmental collaborative consultations (Chapter 20 Dispute settlement)
12
Environment Chapter
• Article 17.11 Environment Roster/ Lista de Arbitros Ambientales
• Parties shall establish and maintain a roster of up to 28 individuals willing to serve as panelists in disputes arising under Article 17.2.1(a)
• Roster members shall have:
expertise or experience in environmental law or enforcement, international trade, or the resolution of disputes arising under international trade or environmental agreements
13
Environment Chapter
• Article 17.12 Relationship to Environmental Agreements/ Relacion con los Acuerdos Ambientales
• Parties recognize that multilateral environmental agreements to which they are all party play an important role in protecting the environment globally and domestically
• Chapter and ECA can contribute to realizing the goals of those agreements
• Parties shall continue to seek means to enhance mutual supportiveness of MEAs and trade agreements
14
Environment Chapter
• Article 17.13 Definitions
• Annex 17.9 Environmental Cooperation
• Environmental Cooperation Agreement (ECA) signed on Feb. 18, 2005
• Understanding Establishing a Unit within SIECA as Secretariat for Environmental Matters signed on Feb. 18, 2005
15
Environmental Cooperation
• Annex 17.9 Environmental Cooperation• Priority Areas
– Strengthening Environmental Management Systems– Developing and Promoting Incentives– Fostering Partnerships– Conserving and Managing shared, migratory, and
endangered species in international trade and management of marine parks and other protected areas
– Information exchange on domestic implementation of MEAs
16
Environment Chapter
• Annex 17.9 Environmental Cooperation
• Priority Areas-- Promoting best practices leading to sustainable
management of the environment
--Facilitating technology development and transfer and training to promote -- clean technologies
--Developing and promoting environmentally beneficial goods and services
--Building capacity to promote public participation in the process of environmental decision-making
17
Environmental Cooperation
• Annex 17.9 Environmental Cooperation
• Priority Areas--Exchanging information and experiences between Parties
wishing to perform environmental reviews
--Other areas for environmental cooperation
18
Environmental Cooperation
• Support for the ECA
Additional $1 million in FY05 to:
Improve capacity to comply with international environmental obligations, particularly CITES
Strengthen Environmental Institutions and enforcement capabilities
Improve environmental management systems, including a pollutant release and transfer registry (PRTR)