Objectives: To foster protection and improvement of the environment in the territories of the Parties for the well-being of present and future generations; promote sustainable development based on cooperation and mutually supportive environmental and economic policies; increase cooperation between Parties for better conservation, protection and enhancement of the environment; support the environmental goals and objectives of the North American Free Trade Agreement (NAFTA); avoid creating trade distortions or new trade barriers; strengthen cooperation on the development and improvement of environmental laws, regulations, procedures, policies and practices; enhance compliance with, and enforcement of environmental laws and regulations; promote transparency and public participation in the development of environmental measures; and promote pollution prevention policies and practices.
Summary of provisions: (a) Each Party to prepare and make publicly available reports on the state of the environment; develop and review environmental emergency preparedness measures; promote environmental education, including environmental law; further scientific research and technology development; assess environmental impacts; and promote the use of economic instruments for the efficient achievement of environmental goals (art. 2.1); (b) Each Party to consider prohibiting the export to the territories of other Parties of a pesticide or toxic substance whose use is prohibited within the Partys territory; when a Party adopts a measure prohibiting or severely restricting the sue of a pesticide or toxic substance in its territory, it shall notify the other Parties of the measure (art. 2.3). (c) Each Party to ensure that its laws and regulations provide for high level of environmental protection and to strive to continue to improve those laws and regulations, and to ensure that such laws and regulations are effectively enforced (arts. 3 and 5); (d) Each Party to avail to interested persons and Parties, through publication or otherwise, laws, regulations, procedures and administrative rulings of general application on matters covered by the Agreement (art. 4). (e) Each Party to ensure that interested persons may request the Partys competent authorities to investigate alleged violations of its environmental laws and regulations and to give such requests due consideration; to ensure that persons with a legally recognized interest have appropriate access to administrative, quasi-judicial or judicial proceedings for the enforcement of environmental laws and regulations of the Party; and to ensure that there are procedural guarantees for such proceedings (arts. 6 and 7). (f) Establishes the Commission for Environmental Cooperation, comprising a Council, a Secretariat and a Joint Public Advisory Committee (art. 8): the Council, at Cabinet-Council, a Secretariat and a Joint Public Advisory Committee to provide advice to the Council on any matter within the scope of the Agreement (arts. 10-16); also, a Party may convene a national advisory committee, comprising members of the public, including representatives of non-governmental organizations and persons, and a government committee, which may comprise or include representatives of federal and state or provincial governments, to advise it on the implementation and further elaboration of the Agreement (arts. 17 and 18). (g) Provides for a mechanism under which any non-governmental organization or person may report to the Secretariat about a Partys failure to effectively enforce its environmental law (art. 14); (h) Parties to endeavour to agree on the interpretation and application of this Agreement and make every attempt through cooperation and consultation to resolve any matter that might affect its operation (art. 20(1)) (i) Parties to avail information requested by the Council or the Secretariat or give a written explanation for not doing so (art. 21). (j) Establishes a mechanism for a Party to bring proceedings against another for persistently failing to effectively enforce its environmental law leading, if proved, to the imposition of an action plan sufficient to remedy the pattern on non-enforcement. Failure to implement the action plan is punishable by the imposition of a “monetary enforcement assessment” which, if not paid, may lead to the suspension of NAFTA benefits to the extent of the assessment (arts 22036).
(Source: UNEP Register of International Treaties and Other Agreements in the Field of the Environment, 2005)