CHAPTER 24

ENVIRONMENT

Article 24.1: Definitions

For the purposes of this Chapter:

environmental law means a statute or regulation of a Party, or provision thereof, including any that implements the Party’s obligations under a multilateral environmental agreement, the primary purpose of which is the protection of the environment, or the prevention of a danger to human life or health, through:

(a)        the prevention, abatement or control of: the release, discharge or emission of pollutants or environmental contaminants;

(b)        the control of environmentally hazardous or toxic chemicals, substances, materials or wastes, and the dissemination of information related thereto; or

(c)        the protection or conservation of wild flora or fauna, including endangered species, their habitat, and specially protected natural areas,1 2

but does not include a statute or regulation, or provision thereof, directly related to worker safety or health, nor any statute or regulation, or provision thereof, the primary purpose of which is managing the subsistence or aboriginal harvesting of natural resources.

statute or regulation means:

(a)        for Canada, an Act of the Parliament of Canada or regulation made under an Act of the Parliament of Canada that is enforceable by action of the central level of government;

(b)        for Mexico, an Act of Congress or regulation promulgated pursuant to an Act of Congress that is enforceable by action of the federal level of government; and

1 For the purposes of this Chapter, the term “specially protected natural areas” means those areas as defined by the Party in its legislation.

2 The Parties recognize that such protection or conservation may include the protection or conservation of biological diversity.

(c)        for  the  United  States,  an  Act  of  Congress  or  regulation  promulgated pursuant to an Act of Congress that is enforceable by action of the central level of government.

Article 24.2: Scope and Objectives

  1. The Parties  recognize  that  a  healthy  environment  is  an  integral  element  of sustainable development and recognize the contribution that trade makes to sustainable development.
  1. The objectives of this Chapter are to promote mutually supportive trade and environmental policies and practices; promote high levels of environmental protection and effective enforcement of environmental laws; and enhance the capacities of the Parties to address trade-related environmental issues, including through cooperation, in the furtherance of sustainable development.
  1. Taking account  of  their  respective  national  priorities  and  circumstances,  the Parties recognize that enhanced cooperation to protect and conserve the environment and the sustainable use and management of their natural resources brings benefits that can contribute  to  sustainable  development,  strengthen  their  environmental  governance, support implementation of international environmental agreements to which they are a party, and complement the objectives of this Agreement.
  1. The Parties  recognize  that  the  environment  plays  an  important  role  in  the economic, social and cultural well-being of Indigenous peoples and local communities, and acknowledge the importance of engaging with such groups in the long-term conservation of our environment.
  1. The Parties further recognize that it is inappropriate to establish or use their environmental laws or other measures in a manner which would constitute a disguised restriction on trade or investment between the Parties.

Article 24.3: Levels of Protection

  1. The Parties recognize the sovereign right of each Party to establish its own levels of domestic environmental protection and its own environmental priorities, and to establish, adopt or modify its environmental laws and policies accordingly.
  1. Each Party shall strive to ensure that its environmental laws and policies provide for, and encourage, high levels of environmental protection and shall strive to continue to improve its respective levels of environmental protection.

Article 24.4: Enforcement of Environmental Laws

  1. No Party  shall  fail  to  effectively  enforce  its  environmental  laws  through  a sustained or recurring course of action or inaction3 in a manner affecting trade or investment between the Parties,4 after the date of entry into force of this Agreement.
  1. The Parties recognize that each Party retains the right to exercise discretion and to make decisions regarding: (a) investigatory, prosecutorial, regulatory and compliance matters; and (b) the allocation of environmental enforcement resources with respect to other environmental laws determined to have higher priorities. Accordingly, the Parties understand that with respect to the enforcement of environmental laws a Party is in compliance with paragraph 1 if a course of action or inaction reflects a reasonable exercise of that discretion, or results from a bona fide decision regarding the allocation of those resources in accordance with priorities for enforcement of its environmental laws.
  1. Without prejudice to Article 24.3.1, the Parties recognize that it is inappropriate to encourage trade or investment by weakening or reducing the protection afforded in their respective environmental  laws.  Accordingly,  a  Party  shall  not  waive  or  otherwise derogate from, or offer to waive or otherwise derogate from, its environmental laws in a manner  that  weakens  or  reduces  the  protection  afforded  in  those  laws  in  order  to encourage trade or investment between the Parties.
  1. Nothing in this Chapter shall be construed to empower a Party’s authorities to undertake environmental law enforcement activities in the territory of another Party.

Article 24.5: Public Information and Participation

  1. Each Party shall promote public awareness of its environmental laws and policies, including enforcement and compliance procedures, by ensuring that relevant information is available to the public.
  1. Each Party shall provide for the receipt and consideration of written questions or comments from persons of that Party regarding its implementation of this Chapter. Each

3 For greater certainty, a “sustained or recurring course of action or inaction” is “sustained” where the course of action or inaction is consistent or ongoing, and is “recurring” where the course of action or inaction occurs periodically or repeatedly and when the occurrences are related or the same in nature. A course of action or inaction does not include an isolated instance or case.

4 For greater certainty, a “course of action or inaction” is “in a manner affecting trade or investment between the Parties” where the course involves: (1) a person or industry that produces goods or provides services traded between the Parties or has investment in the territory of the Party that has failed to comply with this obligation; or (2) a person or industry that produces goods or provides services that compete in the territory of a Party with goods or services of another Party.

Party shall respond in a timely manner to such questions or comments in writing and in accordance with domestic procedures, and make the questions or comments and the responses  available  to  the  public,  for  example  by  posting  on  an  appropriate  public website.

  1. Each Party shall make use of existing, or establish new, consultative mechanisms, for example national advisory committees, to seek views on matters related to the implementation of this Chapter. These mechanisms may include persons with relevant experience,   as   appropriate,   including   experience   in   business,   natural   resource conservation and management, or other environmental matters.

Article 24.6: Procedural Matters

  1. Each Party shall ensure that an interested person may request that the Party’s competent authorities investigate alleged violations of its environmental laws, and that the competent authorities give those requests due consideration, in accordance with the Party’s law.
  1. Each Party shall ensure that persons with a 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 law, and the right to seek appropriate remedies or sanctions for violations of those laws.
  1. Each Party  shall  ensure  that  its  administrative,  quasi-judicial,  or  judicial proceedings for the enforcement of the Party’s environmental laws are available under its law and that those proceedings are fair, equitable, transparent, and comply with due process of law, including the opportunity for parties to the proceedings to support or defend their respective positions.  The Parties recognize that these proceedings should not be unnecessarily complicated nor entail unreasonable fees or time limits.
  1. Each Party shall provide that any hearings in these proceedings are conducted by impartial and independent persons who do not have an interest in the outcome of the matter. Hearings in these proceedings shall be open to the public, except when the administration of justice otherwise requires and in accordance with its applicable law.
  1. Each Party shall provide that final decisions on the merits of the case in these proceedings are:

(a)        in writing and where appropriate state the reasons on which the decisions are based;

(b)       made available without undue delay to the parties to the proceedings and, in accordance with its domestic law, to the public; and

(c)        based on information or evidence presented by the parties or other sources, in accordance with its domestic law.

  1. Each Party shall also provide, as appropriate, that parties to such proceedings have the right, in accordance with its domestic law, to seek review and, where warranted, correction or redetermination, of final decisions in such proceedings.
  1. Each Party shall provide appropriate sanctions or remedies for violations of its environmental laws and shall ensure that it takes account of relevant factors when establishing sanctions or remedies, which may include the nature and gravity of the violation, damage to the environment and any economic benefit derived by the violator.

Article 24.7: Environmental Impact Assessment

  1. Each Party shall maintain appropriate procedures for assessing the environmental impacts of proposed projects that are subject to an action by that Party’s central level of government that  may  cause  significant  effects  on  the  environment  with  a  view  to avoiding, minimizing, or mitigating adverse effects.
  1. Each Party  shall  ensure  that  such  procedures provide  for  the  disclosure  of information to the public and, in accordance with its law, shall allow for public participation.

Article 24.8: Multilateral Environmental Agreements

  1. The  Parties   recognize   the   important   role   that   multilateral   environmental agreements can play in protecting the environment and as a response of the international community to global or regional environmental problems.
  1. Each Party affirms its commitment to implement the multilateral environmental agreements to which it is a party.
  1. The Parties commit to consult and cooperate as appropriate with respect to environmental issues of mutual interest, in particular trade-related issues, pertaining to relevant multilateral environmental agreements.   This includes, inter alia, exchanging information on the implementation of multilateral environmental agreements to which a Party is party; ongoing negotiations of new multilateral environmental agreements; and, each   Party’s   respective   views   on   becoming   a   party   to   additional   multilateral environmental agreements.

Article 24.9: Protection of the Ozone Layer

  1. The Parties  recognize  that  emissions  of  certain  substances  can  significantly deplete and otherwise modify the ozone layer in a manner that is likely to result in adverse effects on human health and the environment. Accordingly, each Party shall take measures to control the production and consumption of, and trade in, such substances. 567
  1. The Parties also recognize the importance of public participation and consultation, in accordance with their respective law or policy, in the development and implementation of measures concerning the protection of the ozone layer. Each Party shall make publicly available appropriate information about its programmes and activities, including cooperative programmes, that are related to ozone layer protection.
  1. Consistent with Article 24.25 (Environmental Cooperation), the Parties shall cooperate to address matters of mutual interest related to ozone-depleting substances. Cooperation may include, but is not limited to exchanging information and experiences in areas related to:

(a)       environmentally friendly alternatives to ozone-depleting substances; (b)       refrigerant management practices, policies and programmes;

(c)       methodologies for stratospheric ozone measurements; and

(d)       combating illegal trade in ozone-depleting substances.

5 For greater certainty, for each Party, this provision pertains to ozone- depleting substances controlled by the Montreal Protocol on Substances that Deplete the Ozone Layer, done at Montreal, September 16, 1987 (Montreal Protocol), and any existing and future amendments to the Montreal Protocol to which the Parties are parties.

6 A Party shall be deemed in compliance with this provision if it maintains the measure or measures listed in Annex 24-A implementing its obligations under the Montreal Protocol or any subsequent measure or measures that provide an equivalent or higher level of environmental protection as the measure or measures listed.

7 If compliance with this provision is not established pursuant to footnote 6, to establish a violation of this provision,  a  Party  must  demonstrate  that  the  other  Party  has  failed  to  take  measures  to  control  the production and consumption of, and trade in, certain substances that can significantly deplete and otherwise modify the ozone layer in a manner that is likely to result in adverse effects on human health and the environment, in a manner affecting trade or investment between the Parties.  For greater certainty, a failure is “in a manner affecting trade or investment between the Parties” where it involves: (1) a person or industry that produces goods or provides services traded between the Parties or has investment in the territory of the Party that has failed to comply with this obligation; or (2) a person or industry that produces goods or provides services that compete in the territory of a Party with goods or services of another Party.

Article 24.10: Protection of the Marine Environment from Ship Pollution

  1. The Parties recognize the importance of protecting and preserving the marine environment. To that end, each Party shall take measures to prevent the pollution of the marine environment from ships.8, 9,10
  1. The Parties also recognize the importance of public participation and consultation, in accordance with their respective law or policy, in the development and implementation of measures to prevent the pollution of the marine environment from ships. Each Party shall make  publicly  available  appropriate  information  about  its  programmes  and activities,  including  cooperative  programmes,  that  are  related  to  the  prevention  of pollution of the marine environment from ships.
  1. Consistent with Article 24.25 (Environmental Cooperation), the Parties shall cooperate to address matters of mutual interest with respect to pollution of the marine environment from ships. Areas of cooperation may include:

(a)       accidental pollution from ships;

(b)       pollution from routine operations of ships; (c)       deliberate pollution from ships;

(d)       development of technologies to minimise ship-generated waste; (e)       emissions from ships;

8 For greater certainty, for each Party, this provision pertains to pollution regulated by the International Convention for the Prevention of Pollution from Ships, done at London, November 2, 1973, as modified by the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, done at London, February 17, 1978, and the Protocol of 1997 to Amend the International Convention for the Prevention of Pollution from Ships, 1973 as Modified by the Protocol of 1978 relating thereto, done at London, September 26, 1997 (MARPOL Convention), and any existing and future amendments to the MARPOL Convention, to which the Parties are parties.

9 A Party shall be deemed in compliance with this provision if it maintains the measure or measures listed in Annex 24-B implementing its obligations under MARPOL, or any subsequent measure or measures that provide an equivalent or higher level of environmental protection as the measure or measures listed.

10 If compliance with this provision is not established pursuant to footnote 9, to establish a violation of this provision, a Party must demonstrate that the other Party has failed to take measures to prevent the pollution of the marine environment from ships in a manner affecting trade or investment between the Parties.  For greater certainty, a failure is “in a manner affecting trade or investment between the Parties” where it involves: (1) a person or industry that produces goods or provides services traded between the Parties or

has investment in the territory of the Party that has failed to comply with this obligation; or (2) a person or industry that produces goods or provides services that compete in the territory of a Party with goods or services of another Party.

(f)        adequacy of port waste reception facilities;

(g)       increased protection in special geographic areas;

(h)        enforcement  measures  including  notifications  to  flag  States  and,  as appropriate, by port States.

Article 24.11: Air Quality

  1. 1. The Parties  recognize  that  air  pollution  is  a  serious  threat  to  public  health, ecosystem integrity, and sustainable development and contributes to other environmental problems, and note that reducing certain air pollutants can provide multiple benef
  1. 2. Noting that air pollution can travel long distances and impact each Party’s ability to achieve its air quality objectives, the Parties recognize the importance of reducing both domestic and  transboundary  air  pollution,  and  that  cooperation  can  be  beneficial  in meeting these
  1. The Parties  further  recognize  the  importance  of  public  participation  and transparency in the development and implementation of measures to prevent air pollution and in ensuring access to air quality data. Accordingly, each Party shall make air quality data and information about its associated programs and activities publicly available in accordance with Article 32.5 (Exceptions and General Provisions – Disclosure of Information), and shall seek to ensure such data and information are easily accessible and understandable to the public.
  1. The  Parties   recognize   the   value   of   harmonizing   air   quality   monitoring methodologies.
  1. The Parties recognize the importance of international agreements and other efforts to improve air quality and control air pollutants, including those that have the potential for long-range transport.
  1. Recognizing that  the  Parties  have  made  significant  progress  to  address  air pollution in other fora, and consistent with Article 24.25 (Environmental Cooperation), the  Parties  shall  cooperate  to  address  matters  of  mutual  interest  with  respect  to  air quality.   Cooperation  may  include  exchanging  information  and  experiences  in  areas related to:

(a)       ambient air quality planning;

(b)        modeling and monitoring, including spatial distribution of main sources and their emissions;

(c)       measurement and inventory methodologies for air quality and emissions’

measurements; and

(d)       reduction, control, and prevention technologies and practices.

Article 24.12: Marine Litter

  1. The Parties recognize the importance of taking action to prevent and reduce marine litter, including plastic litter and microplastics, in order to preserve human health and marine and coastal ecosystems, prevent the loss of biodiversity, and mitigate marine litter’s costs and impacts.
  1. Recognizing the global nature of the challenge of marine litter, each Party shall take measures to prevent and reduce marine litter.
  1. Recognizing that the Parties are taking action to address marine litter in other fora, consistent with Article 24.25 (Environmental Cooperation), the Parties shall cooperate to address matters of mutual interest with respect to combating marine litter, such as addressing land and sea-based pollution, promoting waste management infrastructure, and advancing efforts related to abandoned, lost or otherwise discarded fishing gear.

Article 24.13: Responsible Business Conduct and Corporate Social Responsibility

  1. The Parties recognize the importance of promoting corporate social responsibility and responsible business conduct.
  1. Each Party shall encourage enterprises organized or constituted under its laws, or operating in its territory, to adopt and implement voluntary best practices of corporate social responsibility that are related to the environment, such as those in internationally recognized standards and guidelines that have been endorsed or are supported by that Party, to strengthen coherence between economic and environmental objectives.

Article 24.14: Voluntary Mechanisms to Enhance Environmental Performance

  1. The Parties recognize that flexible, voluntary mechanisms, for example, voluntary auditing and reporting, market-based mechanisms, voluntary sharing of information and expertise, and public-private partnerships, can contribute to the achievement and maintenance of high levels of environmental protection and complement domestic regulatory measures.  The  Parties  also  recognize  that  those  mechanisms  should  be designed in a manner that maximises their environmental benefits and avoids the creation of unnecessary barriers to trade.
  1. Therefore, in accordance with its laws, regulations or policies and to the extent it considers appropriate, each Party shall encourage:

(a)        the use of flexible and voluntary mechanisms to protect  the environment and natural resources, such as through the conservation and   sustainable use of those resources, in its territory; and

(b)        its relevant authorities, private sector, non-governmental organisations and other interested persons involved in the development of criteria used to evaluate environmental performance, with respect to these voluntary mechanisms, to continue to develop and improve such criteria.

  1. Further, if  private  sector  entities  or  non-governmental  organisations  develop voluntary mechanisms for the promotion of products based on their environmental qualities, each Party should encourage those entities and organisations to develop voluntary mechanisms that, among other things:

(a)         are truthful, are not misleading, and take into account relevant scientific and technical information;

(b)       are   based   on      relevant   international   standards,   recommendations, guidelines, or best practices, as appropriate;

(c)       promote competition and innovation; and

(d)       do not treat a product less favourably on the basis of origin.

Article 24.15: Trade and Biodiversity

  1. The Parties  recognize  the  importance  of  conservation  and  sustainable  use  of biological diversity, as well as the ecosystem services it provides, and their key role in achieving sustainable development.
  1. Accordingly, each  Party  shall  promote  and  encourage  the  conservation  and sustainable use of biological diversity, in accordance with its law or policy.
  1. The Parties recognize the importance of respecting, preserving and maintaining knowledge and practices of indigenous peoples and local communities embodying traditional lifestyles that contribute to the conservation and sustainable use of biological diversity.
  1. The Parties recognize the importance of facilitating access to genetic resources within their respective national jurisdictions, consistent with each Party’s international obligations. The Parties further recognize that some Parties may require, through national

measures, prior informed consent to access such genetic resources in accordance with national  measures  and, where  such  access  is granted,  the  establishment  of  mutually agreed terms, including with respect to sharing of benefits from the use of such genetic resources, between users and providers.

  1. The Parties also recognize the importance of public participation and consultation, in accordance with their respective law or policy, in the development and implementation of measures concerning the conservation and sustainable use of biological diversity. Each Party shall make publicly available information about its programmes and activities, including cooperative programmes, related to the conservation and sustainable use of biological diversity.
  1. Consistent with Article 24.25 (Environmental Cooperation), the Parties shall cooperate to address matters of mutual interest. Cooperation may include, but is not limited to, exchanging information and experiences in areas related to:

(a)       the conservation and sustainable use of biological diversity,

(b)       mainstreaming conservation and sustainable use of biological diversity across relevant sectors;

(c)       the protection and maintenance of ecosystems and ecosystem services; and

(d)       access to genetic resources and the sharing of benefits arising from their utilization.

Article 24.16: Invasive Alien Species

  1. The Parties recognize that the movement of terrestrial and aquatic invasive alien species across borders through trade-related pathways can adversely affect the environment, economic activities and development, and human health. The Parties also recognize that the prevention, detection, control and, when possible, eradication, of invasive alien species are critical strategies for managing those adverse impacts.
  1. Accordingly, the Committee shall coordinate with the Committee on Sanitary and Phytosanitary Measures established under Article 9.17 (Sanitary and Phytosanitary Measures – Committee on Sanitary and Phytosanitary Measures) to identify cooperative opportunities to share information and management experiences on the movement, prevention, detection, control and eradication of invasive alien species, with a view to enhancing efforts to assess and address the risks and adverse impacts of invasive alien species.

Article 24.17: Marine Wild Capture Fisheries11

  1. The Parties acknowledge their role as major consumers, producers and traders of fisheries products and the importance of the marine fisheries sectors to their development and to the livelihoods of fishing communities, including those engaged in artisanal, small scale, and indigenous fisheries. The Parties also recognize the need for individual and collective  action  within  international  fora  to  address  the  urgent  resource  problems resulting from overfishing and unsustainable utilization of fisheries resources.
  1. Accordingly, the Parties recognize the importance of taking measures aimed at the conservation and the sustainable management of fisheries and the contribution of those measures to providing environmental, economic and social opportunities for present and future generations.  The Parties also recognize the importance of promoting and facilitating trade in sustainably managed and legally harvested fish and fish products, while ensuring that trade in these products is not subject to unnecessary or unjustifiable barriers to trade, given the negative effect that such barriers can have on the well-being of their communities who depend upon the fishing industry for their livelihood.
  1. Where an importing Party is considering adopting trade restrictive measures for fish or fish products in order to protect or conserve fish or other marine species, the Parties recognize the importance of measures that are12:

(a)        based on the best scientific evidence available, as applicable, that establish a connection between the products affected by the measure and the species being protected or conserved;

(b)       tailored to the conservation objective; and

(c)       implemented after the importing Party has:

(i)        consulted with the exporting Party, in an effort to resolve the issue cooperatively; and

(ii)        provided a reasonable opportunity for the exporting party to take appropriate measures to address the issue.

  1. 4. The  Parties  shall  cooperate  with,  and  where  appropriate  in, regional  fisheries management organizations and arrangements in which the Parties are either members, observers,  or  cooperating  non-contracting  parties,  with  the  aim  of  achieving  good

11  For greater certainty, Articles 24.17-24.21 do not apply with respect to aquaculture unless otherwise noted.

12  For greater certainty, this paragraph is without prejudice to any rights or obligations of the Parties relating to the adoption or application of trade restrictive measures for fish and fish products.

governance, including by advocating for science-based decisions and compliance with those decisions in these organizations.

Article 24.18:  Sustainable Fisheries Management

  1. In furtherance of the objectives of conservation and sustainable management, each Party shall seek to operate a fisheries management system that regulates marine wild capture fishing and that is designed to:

(a)     prevent overfishing and overcapacity through appropriate measures, such as limited entry, time, area, and other restrictions, and the setting and enforcement of catch or effort limits

(b)    reduce bycatch of non-target species and juveniles, including  through the regulation  of, and implementation of measures associated with,  fishing gear and methods that result in bycatch and  the regulation of fishing in areas where bycatch is likely to occur;

(c)     promote  the  recovery  of  overfished  stocks  for  all  marine  fisheries  in which that Party’s persons conduct fishing activities; and

(d)    protect marine habitat by cooperating, as appropriate, to prevent or mitigate significant adverse impacts from fishing.

  1. Further, each Party shall adopt or maintain measures:

(a)        to prevent the use of poisons and explosives for the purpose of commercial fish harvesting; and

(b)        designed to prohibit the practice of shark finning.

  1. Each Party shall base its fisheries management  system  on  the  best  scientific evidence available and on internationally recognized best practices for fisheries management and  conservation as reflected in the relevant provisions of  international instruments aimed at ensuring the sustainable use and conservation of marine species.13

13 These instruments include, among others, and as they may apply, United Nations Convention on Law of the Sea (UNCLOS), the United Nations Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of December 1982 relating to the Conservation and Management of Straddling Fish  Stocks and Highly Migratory Fish Stocks, done at New York, December 4, 1995 (UN Fish Stocks  Agreement), the FAO Code of Conduct for Responsible Fisheries, the 1993 FAO Agreement to

Promote Compliance with International Conservation and Management Measures by Fishing  Vessels on the High Seas (Compliance Agreement), done at Rome, November 24, 1993, the 2001 FAO International Plan of Action to Prevent, Deter, and Eliminate Illegal, Unreported, and Unregulated (IUU Fishing), and the 2009

Agreement on Port State Measures to Prevent, Deter, and Eliminate IUU Fishing.

Article 24.19:  Conservation of Marine Species

  1. Each Party  shall  promote  the  long-term  conservation  of  sharks,  sea  turtles, seabirds, and marine mammals through the implementation and effective enforcement of conservation and management measures.  Such measures shall include:

(a)        studies and assessments of the impact of fisheries operations on non-target species and their marine habitats, including through collection of species- specific data for non-target species and estimates of their bycatch,   as appropriate;

(b)       gear-specific studies and data collection on impacts on non-target species and on the efficacy of management measures to reduce those adverse impacts, as appropriate;

(c)        measures to avoid, mitigate, or reduce bycatch of non-target species in fisheries, including appropriate measures pertaining to the use of bycatch mitigation devices, modified gear, or other techniques to reduce the impact of fishing operations on these species; and

(d)       cooperation on national and regional bycatch reduction measures, such as measures in commercial fisheries pertaining to transboundary stocks of non-target species.

  1. Each Party shall prohibit the killing of great whales14 for commercial purposes unless authorized in a multilateral treaty to which the Party is a party.15

Article 24.20:  Fisheries Subsidies

  1. The Parties recognize that the implementation of a fisheries management system that is designed to prevent overfishing and overcapacity and to promote the recovery of

14   Great  whales  are  the  following  16  species:  Balaena  mysticetus,  Eubalaena  glacialis,  Eubalaena japonica, Eubalaena australis, Eschrichtius robustus, Balaenoptera musculus, Balaenoptera physalus, Balaenoptera borealis, Balaenoptera edeni, Balaenoptera acutorostrata, Balaenoptera bonaerensis, Balaenoptera omurai, Megaptera novaeangliae, Caperea marginata, Physeter macrocephalus, and Hyperoodon ampullatus.

15 For greater certainty, the Parties understand that paragraph 2 does not apply to whaling by indigenous peoples in accordance with a Party’s law, including for Canada the legal obligations recognized and affirmed by section 35 of the Constitution Act, 1982 or those set out in self-government agreements between a central or regional level of government and indigenous peoples.

overfished stocks must include the control, reduction, and eventual elimination of all subsidies that contribute to overfishing and overcapacity.   To that end, no Party shall grant or maintain any of the following subsidies16 within the meaning of Article 1.1 of the SCM  Agreement  that  are  specific  within  the  meaning  of  Article  2  of  the  SCM Agreement:

(a)        subsidies provided to a fishing vessel17  or operator18  while listed by the flag State, the subsidizing Party, or a relevant Regional Fisheries Management   Organization   or   Arrangement   for   IUU   fishing19     in accordance with the rules and procedures of that organization or arrangement and in conformity with international law; and

(b)        subsidies for fishing20  that negatively affect21  fish stocks that are in an overfished22 condition.

  1. Subsidy programs that are established by a Party before the date of entry into force of this Agreement and which are inconsistent with paragraph 1(b) shall be brought into conformity with that paragraph as soon as possible and no later than three years after the date of entry into force of this Agreement.

16 For the purposes of this Article, a subsidy shall be attributable to the Party conferring it, regardless of the flag of the vessel involved or the application of rules of origin to the fish involved.

17 The term “fishing vessel” refers to any vessel, ship, or other type of boat used for, equipped to be used for, or intended to be used for fishing or fishing related activities.

18 The term “operator” means the owner of the vessel, or any person onboard, who is in charge of or directs or controls the vessel at the time of the IUU infraction.   For greater certainty, the prohibition on the provision of subsidies to operators engaged in IUU fishing applies only to subsidies for fishing or fishing related activities.

19 “Illegal, unreported and unregulated fishing” is to be understood to have the same meaning as paragraph

3 of the International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (2001 IUU Fishing Plan of Action) of the UN Food and Agricultural Organization (FAO), adopted in Rome, 2001.

20 For the purposes of this Article, “fishing” means searching for, attracting, locating, catching, taking, or harvesting fish, or any activity which can reasonably be expected to result in the attracting, locating, catching, taking, or harvesting of fish.

21 The negative effect of such subsidies shall be determined based on the best scientific evidence available.

22 For the purposes of this Article, a fish stock is overfished if the stock is at such a low level that mortality from fishing needs  to  be restricted  to  allow  the stock  to  rebuild  to  a  level that produces  maximum sustainable yield or alternative reference points based on the best scientific evidence available.  Fish stocks that are recognized as overfished by the national jurisdiction where the fishing is taking place or by a relevant regional fisheries management organization shall also be considered overfished for the purposes of this Article.

  1. In relation to subsidies that are not prohibited by paragraph 1, and taking into consideration a Party’s social and developmental priorities, each Party shall make best efforts to refrain from introducing new, or extending or enhancing existing, subsidies within the meaning of Article 1.1 of the SCM Agreement, to the extent they are specific within the meaning of Article 2 of the SCM Agreement, that contribute to overfishing or overcapacity.
  1. With a view to achieving the objective of eliminating subsidies that contribute to overfishing and overcapacity, the Parties shall review the disciplines in paragraph 1 at regular meetings of the Environment Committee.
  1. Each Party shall notify the other Parties, within one year of the date of entry into force of  this  Agreement  and  every  two  years  thereafter,  of  any  subsidy  within  the meaning of Article 1.1 of the SCM Agreement that is specific within the meaning of Article 2 of the SCM Agreement, that the Party grants or maintains to persons engaged in fishing or fishing related activities.
  1. These notifications shall cover subsidies provided within the previous two-year period and shall include the information required under Article 25.3 of the SCM Agreement and, to the extent possible, the following information:23

(a)       program name;

(b)       legal authority for the program;

(c)       catch  data by species in the fishery for which the subsidy is provided;

(d)       status of the fish stocks in the fishery for which the subsidy is provided

(overfished, fully fished, or underfished);

(e)       fleet capacity in the fishery for which the subsidy is provided;

(f)        conservation  and  management  measures  in  place  for  the  relevant  fish stock; and

(g)       total imports and exports per species.

  1. Each Party shall also provide, to the extent possible, information in relation to other subsidies that the Party grants or maintains to persons engaged in fishing or fishing related activities that are not covered by paragraph 1, in particular fuel subsidies.

23 Sharing information and data on existing fisheries subsidy programs does not prejudge their legal status, effects, or nature under the GATT 1994 or the SCM Agreement and is intended to complement WTO data reporting requirements.

  1. A Party may request additional information from the notifying Party regarding the notifications under paragraphs 5 and 6. The notifying Party shall respond to that request as quickly as possible and in a comprehensive manner.
  1. Each Party shall notify the other Parties on an annual basis of any list of vessels and operators identified as having engaged in IUU fishing.
  1. The Parties shall work in the World Trade Organization towards strengthening international rules on the provision of subsidies to the fisheries sector and enhancing transparency of fisheries subsidies.

Article 24.21:  Illegal, Unreported, and Unregulated (IUU) Fishing

  1. The Parties recognize the importance of concerted international action to address IUU fishing as reflected in regional and international instruments24 and shall endeavor to improve cooperation internationally in this regard, including with and through competent international organizations.
  1. In support of international efforts to combat IUU fishing and to help deter trade in products from IUU fishing, each Party shall:

(a)        implement port state measures, including through actions consistent with the 2009 Agreement on Port State Measures to Prevent, Deter, and Eliminate IUU Fishing;25

(b)        support  monitoring,  control,  surveillance,  compliance,  and  enforcement schemes, including by adopting, maintaining, reviewing, or revising, as appropriate, measures to:

(i)        deter vessels flying its flag and, to the extent provided for in each

Party’s law, its nationals, from engaging in IUU fishing; and

24  Regional and international instruments include, among others, and as they may apply, the 2001 FAO International Plan of Action to Prevent, Deter, and Eliminate IUU Fishing, the 2005 Rome Declaration on IUU Fishing, adopted in Rome on March 12, 2005, the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing, done at Rome, November 22, 2009, as well as instruments established and adopted by Regional Fisheries Management Organizations, which are defined as intergovernmental fisheries organizations or arrangements, as appropriate, that have the competence to establish conservation and management measures.

25 For greater certainty, this paragraph is without prejudice to a Party’s status under the 2009 Agreement on

Port State Measures to Prevent, Deter, and Eliminate IUU Fishing.

(ii)       address  the  trans-shipment  at  sea  of  fish  caught  through  IUU

fishing or fish products derived from IUU fishing.

(c)        maintain  a  vessel  documentation  scheme  and  promote  the  use   of International Maritime Organization numbers, or comparable unique vessel identifiers, as appropriate, for vessels operating outside of its national jurisdiction, in order to enhance transparency of fleets and traceability of fishing vessels;

(d)       strive  to  act  consistently  with  relevant  conservation  and  management measures adopted by Regional Fisheries Management Organizations or Regional Fisheries Management Arrangements of which it is not a party so as not to undermine those measures;

(e)        endeavor not to undermine catch or trade documentation schemes operated by Regional Fisheries Management Organizations or Regional Fisheries Management Arrangements.

(f)        develop and maintain publicly available and easily accessible registry data of fishing vessels flying its flag; promote efforts by non-Parties to develop and maintain publicly available and easily accessible registry data of such vessels flying its flag; and support efforts to complete a Global Record of Fishing Vessels, Refrigerated Transport Vessels, and Supply Vessels; and

(g)        cooperate with other Parties through the  exchange of information and best practices to combat trade in products derived from IUU fishing.

  1. 2. Consistent   with   Article   9 (Good   Regulatory   Practices   –   Transparent Development  of  Regulations),  a  Party  shall,  to  the  extent   possible,  provide  other Parties the opportunity to comment on proposed measures  that are designed to prevent trade in fisheries products d e r i v e d  f r o m  IUU  fishing.

Article 24.22: Conservation and Trade

  1. The Parties affirm the importance of combating the illegal take26 of, and illegal trade in, wild fauna and flora, and acknowledge that this trade undermines efforts to conserve  and  sustainably  manage  those  natural  resources,  has  social  consequences, distorts legal trade in wild fauna and flora, and reduces the economic and environmental value of these natural resources.

26  The term “take” means captured, killed or collected and with respect to a plant, also means harvested, cut, logged or removed.

  1. Accordingly, each Party shall adopt, maintain and implement laws, regulations and any other measures to fulfil its obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).27 28 29
  1. The Parties commit to promote conservation and to combat the illegal take of, and illegal trade in, wild fauna and flora. To that end, the Parties shall:

(a)        exchange information and experiences on issues of mutual interest related to combating the illegal take of, and illegal trade in, wild fauna and flora, including combating illegal logging and associated illegal trade, and promoting the legal trade in associated products;

(b)        undertake, as appropriate, joint activities on conservation issues of mutual interest, including through relevant regional and international fora; and

(c)        endeavor to implement, as appropriate, CITES resolutions that aim to protect and conserve species whose survival is threatened by international trade.

  1. Each Party further commits to:

(a)        take appropriate measures to protect and conserve wild fauna and flora that it has identified to be at risk within its territory, including measures to conserve the ecological integrity of specially protected natural areas, for example grasslands and wetlands;

(b)        maintain or strengthen government capacity and institutional frameworks to promote wild fauna and flora conservation, and endeavor to enhance

27For the purposes of this Article, a Party’s CITES obligations include existing and future amendments to which the Parties are parties and any existing and future reservations or exemptions applicable to the Party. This paragraph only applies if all the Parties are parties to the CITES.

28  To establish a violation of this paragraph, a Party must demonstrate that the other Party has failed to adopt, maintain or implement laws, regulations or other measures to fulfil its obligations under CITES in a manner affecting trade or investment between the Parties.   For greater certainty, a failure is “in a manner affecting trade or investment between the Parties” where it involves: (1) a person or industry that produces goods or provides services traded between the Parties or has investment in the territory of the Party that has failed to comply with this obligation; or (2) a person or industry that produces goods or provides services that compete in the territory of a Party with goods or services of another Party.

29  If a Party considers that another Party is failing to comply with its obligations under this paragraph, it shall endeavor, in the first instance, to address the matter through a consultative or other procedure under CITES.

public participation and transparency in these institutional frameworks;

and

(c)        endeavor to develop and strengthen cooperation and consultation with interested non-governmental entities and other stakeholders in order to enhance implementation of measures to combat the illegal take of, and illegal trade in, wild fauna and flora.

  1. In a further effort to address the illegal take of, and illegal trade in, wild fauna and flora, including parts and products thereof, each Party shall take measures to combat, and cooperate to prevent, the trade of wild fauna and flora that, based on credible evidence,30 were taken or traded in violation of that Party’s law or another applicable law,31 the primary purpose of which is to conserve, protect, or manage wild fauna or flora. Such measures shall include sanctions, penalties, or other effective measures, including administrative measures, that can act as a deterrent to such trade.  In addition, each Party shall endeavor to take measures to combat the trade of wild fauna and flora transhipped through its territory that, based on credible evidence, were illegally taken or traded.
  1. The Parties recognize that each Party retains the right to exercise administrative, investigatory and enforcement discretion in its implementation of paragraph 5, including by taking into account in relation to each situation the strength of the available evidence and the seriousness of the suspected violation. In addition, the Parties recognize that in implementing paragraph 5, each Party retains the right to make decisions regarding the allocation of administrative, investigatory and enforcement resources.
  1. In order to promote the widest measure of law enforcement cooperation and information sharing between the Parties to combat the illegal take of, and illegal trade in, wild fauna and flora, the Parties shall endeavor to identify opportunities, consistent with their respective law and in accordance with applicable international agreements, to enhance law enforcement cooperation and information sharing, for example by enhancing participation in law enforcement networks, and, where appropriate, establishing new networks with the objective of developing a strong and effective worldwide network.
  1. Further, each Party shall:

(a)        take  measures  to  enhance  effectiveness  of  inspections  of  shipments containing wild fauna and flora, including parts and products thereof, at ports of entry, such as improving targeting; and

30  For greater certainty, for the purposes of this paragraph, each Party retains the right to determine what constitutes “credible evidence”.

31  For greater certainty, “another applicable law” means a law of the jurisdiction where the take or trade occurred and is only relevant to the question of whether the wild fauna and flora has been taken or traded in violation of that law.

(b)        treat intentional transnational trafficking of wildlife protected  under its laws,32 as a serious crime as defined in the United Nations Convention on Transnational Organized Crime.33

Article 24.23: Sustainable Forest Management and Trade

  1. The Parties acknowledge their role as major consumers, producers, and traders of forest products and the importance of a healthy forest sector to provide livelihoods and job opportunities, including for Indigenous peoples.
  1. The Parties acknowledge the importance of:

(a)        the  conservation  and  sustainable  management  of  forests  for  providing environmental economic, and social benefits for present and future generations;

(b)        the  critical  role  of  forests  in  providing  numerous  ecosystem  services, including carbon storage, maintaining water quantity and quality, stabilizing soils, and providing habitat for wild fauna and flora; and

(c)       combatting illegal logging and associated trade.

  1. The Parties  recognize  that  forest  products,  when  sourced  from  sustainably managed forests contribute to global environmental solutions, including sustainable development, conservation and sustainable use of resources, and green growth.
  1. Accordingly, each Party commits to:

(a)        maintain or strengthen government capacity and institutional frameworks to promote sustainable forest management; and

(b)        promote trade in legally harvested forest products.

32  For greater certainty, the term “wildlife” is understood to include all species of wild fauna and flora, including animals, timber, and marine species, and their related parts and products. Further, for purposes of this Article, the term “protected” means a CITES-listed species or a species that is listed under a Party’s law as endangered, threatened or as being at risk within its territory.

33 The term “serious crime” is to be understood to have the same meaning as paragraph 2(b) of the United

Nations Convention on Transnational Organized Crime, done at New York, on November 15, 2000.

  1. The Parties  shall  exchange  information  and  cooperate,  as  appropriate,  on initiatives to promote sustainable forest management, including initiatives designed to combat illegal logging and associated trade.

Article 24.24: Environmental Goods and Services

  1. The Parties recognize the importance of trade and investment in environmental goods and services, including clean technologies, as a means of improving environmental and economic performance, contributing to green growth and jobs, and encouraging sustainable development, while addressing global environmental challenges.
  1. Accordingly, the Parties shall strive to facilitate and promote trade and investment in environmental goods and services.
  1. The Environment Committee shall consider issues identified by a Party related to trade in environmental goods and services, including issues identified as potential non- tariff barriers to that trade. The Parties shall endeavor to address any potential barriers to trade in environmental goods and services that may be identified by a Party, including by working through the Environment Committee and in conjunction with other relevant committees established under this Agreement, as appropriate.
  1. The Parties shall cooperate in international fora on ways to further facilitate and liberalize global trade in environmental goods and services, and may develop cooperative projects on environmental goods and services to address current and future global environmental challenges.

Article 24.25:  Environmental Cooperation

  1. 1. The Parties  recognize  the  importance  of  cooperation  as  a  mechanism  to implement this Chapter, to enhance its benefits and to strengthen the Parties’ joint  and individual   capacities   to   protect   the   environment,   and   to   promote   sustainable development as they strengthen their trade and investment relat
  1. 2. The Parties are committed to expanding their cooperative relationship on environmental matters, recognizing it will help them achieve their shared environmental goals and objectives, including the development and improvement of environmental protection, practices, and
  1. 3. The Parties are committed to undertaking cooperative environmental activities pursuant to the Environmental Cooperation Agreement signed by the Parties, including activities related to implementation of this Chapter. Activities that the Parties undertake pursuant to the Environmental Cooperation Agreement will be coordinated and reviewed

by the Commission for Environmental Cooperation as provided for in the Environmental

Cooperation Agreement.34

Article 24.26: Environment Committee and Contact Points

  1. 1. Each Party  shall  designate  and  notify  a  contact  point  from  its  relevant authorities within 90 days of the date of entry into force of this Agreement,  in order to facilitate communication between  the Parties in the implementation of  this  Chapter. Each Party shall promptly notify the other Parties in the event of  any change to its contact
  1. 2. The Parties establish an Environment Committee composed of senior government representatives, or their designees, of the relevant trade and environment national authorities of each Party responsible for the implementation of this
  1. 3. The purpose of the Environment Committee is to oversee the implementation of this Chapter and its functions shall be to:

(a)       provide  a  forum  to  discuss  and  review  the  implementation  of  this

Chapter;

(b)        periodically inform the Commission and the Council for the Commission for      Environmental    Cooperation    (Council)    established    under    the Environmental Cooperation Agreement regarding the  implementation of this Chapter;

(c)        consider and endeavor to resolve matters referred to it under Article 24.30 (Senior Representative Consultations);

(d)       provide input, as appropriate, for consideration by the Council, relating to submissions on enforcement matters under this Chapter.

(d)       coordinate  with  other  committees  established  under  this  Agreement  as appropriate; and

(e)       perform any other functions as the Parties may decide.

  1. 4. The Environment Committee shall meet within one year of the date of entry into force of this Agreement. Thereafter, the Environment Committee shall meet every two years unless the Environment Committee agrees otherwise.  The Chair of the Environment

34 The Parties established the Commission for Environmental Cooperation (CEC) under Part Three of the

North American Agreement on Environmental Cooperation (NAAEC).

Committee and the venue of its meetings shall rotate among each of the Parties in English alphabetical order, unless the Environment Committee agrees otherwise.

  1. 5. All decisions  and  reports  of  the  Environment  Committee  shall  be  made  by consensus, unless the Committee agrees otherwise or unless otherwise provided in this Chapter.
  1. 6. All decisions and reports of the Environment Committee shall be made available to the public, unless the Environment Committee agrees
  1. 7. During the fifth year after the date of entry into force of this Agreement, the

Environment Committee shall:

(a)       review the implementation and operation of this Chapter;

(b)        report its findings, which may include recommendations, to  the Council and the Commission; and

(c)       undertake   subsequent   reviews   at   intervals   to   be   decided   by   the

Committee.

  1. The Environment Committee shall provide for public input on matters relevant to  the  Committee’s  work,  as  appropriate,  and  shall  hold  a  public  session  at  each meeting.
  1. 9. The    Parties    recognize    the    importance    of    resource    efficiency   in    the implementation  of  this  Chapter  and  the  desirability  of  using  new  technologies  to facilitate communication and interaction between the Parties and with the

Article 24.27: Submissions on Enforcement Matters

  1. 1. Any person of a Party may file a submission asserting that a Party is failing to effectively enforce its environmental laws. Such submissions shall be filed with the Secretariat of the Commission for Environmental Cooperation (CEC).
  1. 2. The Secretariat may consider a submission under this Article if the Secretariat finds that the submission:

(a)       is in writing in English, French, or Spanish;

(b)       clearly identifies the person making the submission;

(c)        provides sufficient information to allow for the review of the submission including any documentary evidence on which the submission may be

based and identification of the environmental law of which the failure to enforce is asserted;

(d)       appears to be aimed at promoting enforcement rather than at harassing industry; and

(e)        indicates whether the matter has been communicated in writing to  the relevant authorities of the Party and the Party’s response, if any.

  1. If the  Secretariat  determines  that  a  submission  meets  the  criteria  set  out  in paragraph 2, the Secretariat shall determine within 30 days of receipt of the submission whether the submission merits requesting a response from the Party.  In deciding whether to request a response, the Secretariat shall be guided by whether:

(a)      the submission alleges harm to the person making the submission;

(b)      the  submission,  alone  or  in  combination  with  other  submissions,  raises matters about which further study in this process would advance the goals of this Chapter;

(c)      private remedies available under the Party’s law have been pursued; and

(d)     the submission is not drawn exclusively from mass media reports.

If the secretariat makes such a request, it shall forward to the Party a copy of the submission and any supporting information provided with the submission.

  1. The Party shall inform the secretariat within 60 days of delivery of the request:

(a)       whether  the  matter  at  issue  is  the  subject  of  a  pending  judicial  or administrative proceeding, in which case the secretariat shall proceed no further; and

(b)      of any other information the Party wishes to submit, such as:

(i)         information regarding the enforcement of the environmental law at issue, including any actions taken in connection with the matter in question;

(ii)        whether  the  matter  was  previously  the  subject  of  a  judicial  or administrative proceeding; and

(iii)       whether  private  remedies  in  connection  with  the  matter  are available to the person making the submission and whether they have been pursued.

Article 24.28: Factual Records and Related Cooperation

  1. If the Secretariat considers that the submission, in light of any response provided by the Party, warrants developing a factual record, the Secretariat shall so inform the Council and the Environment Committee within 60 days of receiving the Party’s response and provide its reasons.
  1. The Secretariat shall prepare a factual record if at least two members of the

Council instructs it to do so.

  1. The preparation of a factual record by the Secretariat pursuant to this Article shall be without  prejudice  to  any  further  steps  that  may  be  taken  with  respect  to  any submission.
  1. In preparing  a  factual  record,  the  Secretariat  shall  consider  any  information furnished by a Party and may consider any relevant technical, scientific, or other information:

(a)       that is publicly available;

(b)       submitted by interested persons;

(c)       submitted by national advisory or consultative committees referred to in

Article 24.5 (Public Information and Participation);

(d)       submitted by the Joint Public Advisory Committee (JPAC) referred to in the Environmental Cooperation Agreement;

(e)       developed by independent experts; or

(f)        developed under the Environment Cooperation Agreement.

  1. The Secretariat shall submit a draft factual record to the Council within 120 days of the Council’s instruction to proceed under Paragraph 2. Any Party may provide comments on the accuracy of the draft within 30 days thereafter.  The Secretariat shall incorporate any such comments in the final factual record and promptly submit it to the Council.
  1. The Secretariat shall make the final factual record publicly available, normally within 30 days following its submission, unless two members or more of the Council instruct it not to.
  1. The Environment Committee shall consider the final factual record in light of the objectives of this Chapter and the ECA and may provide recommendations to the Council on whether the matter could benefit from cooperative activities.
  1. The Parties shall provide updates to the Council and the Environment Committee on final factual records, as appropriate.

Article 24.29: Environment Consultations

  1. The Parties  shall  at  all  times  endeavor  to  agree  on  the  interpretation  and application of this Chapter, and shall make every effort through dialogue, consultation, exchange of information and, if appropriate, cooperation to address any matter that might affect the operation of this Chapter.
  1. A Party (the requesting Party) may request consultations with any other Party (the responding Party) regarding any matter arising under this Chapter by delivering a written request to the responding Party’s contact point. The requesting Party shall include information that is specific and sufficient to enable the responding Party to respond, including identification of the matter at issue and an indication of the legal basis for the request. The requesting Party shall circulate its request for consultations to the third Party through their respective contact points.
  1. A third  Party  that  considers  it  has  a  substantial  interest  in  the  matter,  may participate in the consultations by delivering a written notice to the contact points of the requesting and responding Parties no later than seven days after the date of circulation of the request for consultations. The third Party shall include in its notice an explanation of its substantial interest in the matter.
  1. Unless the requesting and the responding Parties (the consulting Parties) agree otherwise, the consulting Parties shall enter into consultations promptly, and no later than

30 days after the date of receipt by the responding Party of the request.

  1. The consulting Parties shall make every effort to arrive at a mutually satisfactory resolution to the matter which may include appropriate cooperative activities. The consulting Parties may seek advice or assistance from any person or body they deem appropriate in order to examine the matter.

Article 24.30: Senior Representative Consultations

  1. If the consulting Parties have failed to resolve the matter under Article 24.29 (Environment Consultations), a consulting Party may request that the Committee representatives from the consulting Parties convene to consider the matter by delivering a written request to the contact point of the other consulting Party or Parties. At the same

time, the consulting Party making the request shall circulate the request to the contact points of a third Party.

  1. The Committee  representatives  from  the  consulting  Parties  shall  promptly convene  following  the  delivery  of the  request,  and  shall  seek  to  resolve  the  matter including, if appropriate, by gathering relevant scientific and technical information from governmental or non-governmental experts. Committee representatives from the third Party that considers it has a substantial interest in the matter may participate in the consultations.

Article 24.31: Ministerial Consultations

  1. If the consulting Parties have failed to resolve the matter under Article 24.30 (Senior Representative Consultations), a consulting Party may refer the matter to the relevant Ministers of the consulting Parties who shall seek to resolve the matter.
  1. Consultations pursuant  to  Article  24.29  (Environment  Consultations),  Article

24.30 (Senior Representative Consultations) and this Article may be held in person or by any technological means available as agreed by the consulting Parties. If in person, consultations shall be held in the capital of the responding Party, unless the consulting Parties agree otherwise.

  1. Consultations shall be confidential and without prejudice to the rights of any Party in any future proceedings.

Article 24.32: Dispute Resolution

  1. If the consulting Parties have failed to resolve the matter under Article 24.29 (Environment Consultations), Article 24.30 (Senior Representative Consultations) and Article 24.31 (Ministerial Consultations) within 60 days after the date of receipt of a request under Article 24.29.2 (Environment Consultations), or any other period as the consulting Parties  may  agree,  the  requesting  Party  may  request  consultations  under Article 31.5 (Dispute Settlement – Consultations) or request the establishment of a panel under Article 31.7 (Dispute Settlement – Establishment of a Panel).
  1. Notwithstanding Article 31.15 (Dispute Settlement –Role of Experts), in a dispute arising under Article 24.22 (Conservation and Trade) a panel convened under Chapter 31 (Dispute Settlement) shall:

(a)        seek  technical  advice  or  assistance,  if  appropriate,  from  an  entity authorised under CITES to address the particular matter, and provide the consulting Parties with an opportunity to comment on any such technical advice or assistance received; and

(b)        provide due consideration to any interpretive guidance received pursuant to subparagraph (a) on the matter to the extent appropriate in light of its nature and status in making its findings and determinations under Article

31.17 (Dispute Settlement – Initial Report).

Annex 24-A

For  Canada,  the  Ozone-depleting  Substances  Regulations,  1998  of  the  Canadian

Environmental Protection Act, 1999 (CEPA).

For   Mexico,   the General   Law   on   Ecological   Equilibrium   and   Environmental Protection (Ley  General  del  Equilibrio  Ecológico  y  la  Protección  al  Ambiente  – LGEEPA), under Title IV Environmental Protection, Chapter I and II regarding federal enforcement of atmospheric provisions.

For the United States, 42 U.S.C §§ 7671-7671q (Stratospheric Ozone Protection).

Annex 24-B

For Canada, the Canada Shipping Act, 2001 and its related regulations.

For Mexico, Article 132 of the General Law on Ecological Equilibrium and Environmental Protection (Ley General del Equilibrio Ecológico y la Protección al Ambiente – LGEEPA).

For the United States, the Act to Prevent Pollution from Ships, 33 U.S.C §§ 1901-1915.

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