DR-CAFTAEnvironment Chapter and Cooperation

Mara M. Burr

Deputy Assistant

United States Trade

Representative

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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)

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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

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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

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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

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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

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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

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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

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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)