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DR-CAFTA Environment Chapter and Cooperation

DR-CAFTA Environment Chapter and Cooperation. Mara M. Burr Deputy Assistant United States Trade Representative. Environment Chapter. Article 17.1 Levels of Protection/ Niveles de Proteccion Right of each Party to establish its own levels of domestic environmental protection

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DR-CAFTA Environment Chapter and Cooperation

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  1. 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)

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