DR-CAFTA Environment Chapter and Cooperation Mara M. Burr Deputy Assistant United States Trade Representative.

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Presentation transcript:

DR-CAFTA Environment 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 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 (a) –only after failing to resolve the matter through environmental collaborative consultations (Chapter 20 Dispute settlement)

12 Environment Chapter Article 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 (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 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 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)