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Executive Order 12915

Issued by William J. Clinton on Friday 13 May 1994


Federal Implementation of the North American Agreement on Environmental Cooperation

Federal Register, Volume 59 Issue 95 (Wednesday, May 18, 1994)

[Federal Register Volume 59, Number 95 (Wednesday, May 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 94-12275]


[[Page Unknown]]

[Federal Register: May 18, 1994]




                        Presidential Documents 


Federal Register
Vol. 59, No. 95
Wednesday, May 18, 1994

____________________________________________________________________

Title 3--
The President
                Executive Order 12915 of May 13, 1994

 

Federal Implementation of the North American 
                Agreement on Environmental Cooperation

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, including the North American Free Trade 
                Agreement Implementation Act, Public Law 103-182; 107 
                Stat. 2057 (``NAFTA Implementation Act''), and section 
                301 of title 3, United States Code, it is hereby 
                ordered as follows:

                Section 1. Policy. (a) The North American Agreement on 
                Environmental Cooperation (``Environmental Cooperation 
                Agreement'') shall be implemented consistent with 
                United States policy for the protection of human, 
                animal or plant life or health, and the environment. 
                The Environmental Cooperation Agreement shall also be 
                implemented to advance sustainable development, 
                pollution prevention, environmental justice, ecosystem 
                protection, and biodiversity preservation and in a 
                manner that promotes transparency and public 
                participation in accordance with the North American 
                Free Trade Agreement (``NAFTA'') and the Environmental 
                Cooperation Agreement.

                    (b) Effective implementation of the Environmental 
                Cooperation Agreement is essential to the realization 
                of the environmental objectives of NAFTA and the NAFTA 
                Implementation Act and promotes cooperation on trade 
                and environmental issues between the United States, 
                Canada, and Mexico.

                Sec. 2. Implementation of the Environmental Cooperation 
                Agreement.

                    (a) Policy Priorities. In accordance with Article 
                10(2) of the Environmental Cooperation Agreement, it is 
                the policy of the United States to promote 
                consideration of, with a view towards developing 
                recommendations and reaching agreement on, the 
                following priorities within the Council of the 
                Commission for Environmental Cooperation (``Council''):
                    (1) pursuant to Article 10(2)(m), the environmental 
                impact of goods throughout their life cycles, including 
                the environmental effects of processes and production 
                methods and the internalization of environmental costs 
                associated with products from raw material to disposal;
                    (2) pursuant to Articles 10(2)(b), (g), (i), (j), 
                and (k), pollution prevention techniques and 
                strategies, transboundary and border environmental 
                issues, the conservation and protection of wild flora 
                and fauna (including endangered species), their 
                habitats and specially protected natural areas, and 
                environmental emergency preparedness and response 
                activities;
                    (3) pursuant to Articles 10(3) and 10(4), 
                implementation of Environmental Cooperation Agreement 
                provisions and the exchange of information among the 
                United States, Canada, and Mexico concerning the 
                development, continuing improvement, and effective 
                enforcement of, and compliance with, environmental 
                laws, policies, incentives, regulations, and other 
                applicable standards;
                    (4) pursuant to Article 10(5)(a), public access to 
                environmental information held by public authorities of 
                each party to the Environmental Cooperation Agreement, 
                including information on hazardous materials and 
                activities in its communities, and the opportunity to 
                participate in decision-making processes related to 
                such public access;
                    (5) pursuant to Article 10(2)(1), environmental 
                matters as they relate to sustainable development; and
                    (6) other priorities as appropriate or necessary.

                    (b) United States Representation on the Council. 
                The Administrator of the Environmental Protection 
                Agency (``EPA'') shall be the representative of the 
                United States on the Council. The policies and 
                positions of the United States in the Council shall be 
                coordinated through applicable interagency procedures.
                    (c) Environmental Effects of the NAFTA. Pursuant to 
                Article 10(6)(d) of the Environmental Cooperation 
                Agreement, the Administrator of the EPA shall work 
                actively within the Council to consider on an ongoing 
                basis the environmental effects of the NAFTA and review 
                progress toward the objectives of the Environmental 
                Cooperation Agreement.
                    (d) Transparency and Public Participation. The 
                United States, as appropriate, shall endeavor to ensure 
                the transparency and openness of, and opportunities for 
                the public to participate in, activities under the 
                Environmental Cooperation Agreement.
                    (1) To the greatest extent practicable, pursuant to 
                Articles 15(1) and 15(2), where the Secretariat of the 
                Commission for Environmental Cooperation 
                (``Secretariat'') informs the Council that a factual 
                record is warranted, the United States shall support 
                the preparation of such factual record.
                    (2) To the greatest extent practicable, the United 
                States shall support public disclosure of all 
                nonconfidential and nonproprietary elements of reports, 
                factual records, decisions, recommendations, and other 
                information gathered or prepared by the Commission for 
                Environmental Cooperation (``Commission''). Where 
                requested information is not made available, the United 
                States shall endeavor to have the Commission state in 
                writing to the public its reasons for denial of the 
                request.
                    (3) The United States shall provide public notice 
                of the opportunity to apply for inclusion on a roster 
                of qualified individuals available to serve on arbitral 
                panels under the Environmental Cooperation Agreement.
                    (4) The United States shall seek to ensure that the 
                Model Rules of Procedure for dispute settlement 
                established pursuant to Articles 28(1) and 28(2) of the 
                Environmental Cooperation Agreement provide for the 
                preparation of public versions of written submissions 
                and arbitral reports not otherwise made publicly 
                available, and for public access to arbitral hearings.
                    (5) Consistent with the Environmental Cooperation 
                Agreement, the EPA Administrator shall develop 
                procedures to inform the public of arbitral proceedings 
                and Commission activities under the Environmental 
                Cooperation Agreement, and to provide appropriate 
                mechanisms for receiving public comment with respect to 
                such arbitral proceedings and Commission activities 
                involving the United States.
                    (6) As a disputing party, the United States shall 
                seek to ensure, pursuant to Article 30 of the 
                Environmental Cooperation Agreement, that the arbitral 
                panels consult with appropriate experts for information 
                and technical advice.
                    (e) Consultation with States. (1) Pursuant to 
                Article 18 of the Environmental Cooperation Agreement, 
                the EPA Administrator shall establish a governmental 
                committee to furnish advice regarding implementation 
                and further elaboration of the Agreement. Through this 
                committee, or through other means as appropriate, the 
                EPA Administrator and other relevant Federal agencies 
                shall:

                (A) inform the States on a continuing basis of matters 
                under the Environmental Cooperation Agreement that 
                directly relate to, or will potentially have a direct 
                impact on, the States, including: (i) dispute 
                settlement proceedings and other matters involving 
                enforcement by the States of environmental laws; and 
                (ii) implementation of the Environmental Cooperation 
                Agreement, including Council, committee, and working 
                group activities, in any area in which the States 
                exercise concurrent or exclusive legislative, 
                regulatory, or enforcement authority;

                (B) provide the States with an opportunity to submit 
                information and advice with respect to the matters 
                identified in section 2(e)(1)(A) of this order; and

                (C) involve the States to the greatest extent 
                practicable at each stage of the development of United 
                States positions regarding matters identified in 
                section 2(e)(1)(A) of this order that will be addressed 
                by the Council, committees, subcommittees, or working 
                groups established under the Environmental Cooperation 
                Agreement, or through dispute settlement processes 
                prescribed under the Environmental Cooperation 
                Agreement (including involvement through the inclusion 
                of appropriate representatives of the States).

                    (2) When formulating positions regarding matters 
                identified in section 2(e)(1)(A) of this order, the 
                United States shall take into account the information 
                and advice received from States.
                    (3) The United States, where appropriate, shall 
                include representatives of interested States as Members 
                of the United States delegations to the Council and 
                other Commission bodies, including arbitral panels.

                Sec. 3. National Advisory Committee. The EPA 
                Administrator shall utilize a National Advisory 
                Committee as provided under Article 17 of the 
                Environmental Cooperation Agreement.

                Sec. 4. United States Contributions to the Commission 
                for Environmental Cooperation. In accordance with 
                section 532(a)(2) of the NAFTA Implementation Act, the 
                EPA is designated as the agency authorized to make the 
                contributions of the United States from funds available 
                for such contributions to the annual budget of the 
                Commission for Environmental Cooperation.

                Sec. 5. Judicial Review. This order is intended only to 
                improve the internal management of the executive branch 
                and is not intended to, and does not, create any right 
                to administrative or judicial review, or any other 
                right or benefit or trust responsibility, substantive 
                or procedural, enforceable by a party against the 
                United States, its agencies or instrumentalities, its 
                officers or employees, or any other person.

                    (Presidential Sig.)>



                4THE WHITE HOUSE,

                    May 13, 1994.

[FR Doc. 94-12275
Filed 5-16-94; 2:35 pm]
Billing code 3195-01-P


Citation:
Continued by: EO 13708, September 30, 2015
 

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