[Federal Register Volume 59, Number 95 (Wednesday, May 18, 1994)]
[Presidential Documents]
[Pages 25775-25777]
From the Federal Register Online via the Government Publishing 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
