1. The Council shall be the governing body of the Commission and
shall:
(a) serve as a forum for the discussion of environmental matters
within the scope of this Agreement;
(b) oversee the implementation and develop recommendations on
the further elaboration of this Agreement and, to this end, the
Council shall, within four years after the date of entry into
force of this Agreement, review its operation and effectiveness
in the light of experience;
(c) oversee the Secretariat;
(d) address questions and differences that may arise between the
Parties regarding the interpretation or application of this Agreement;
(e) approve the annual program and budget of the Commission; and
(f) promote and facilitate cooperation between the Parties with
respect to environmental matters.
2. The Council may consider, and develop recommendations regarding:
(a) comparability of techniques and methodologies for data gathering
and analysis, data management and electronic data communications
on matters covered by this Agreement;
(b) pollution prevention techniques and strategies;
(c) approaches and common indicators for reporting on the state
of the environment;
(d) the use of economic instruments for the pursuit of domestic
and internationally agreed environmental objectives;
(e) scientific research and technology development in respect
of environmental matters;
(f) promotion of public awareness regarding the environment;
(g) transboundary and border environmental issues, such as the
long-range transport of air and marine pollutants;
(h) exotic species that may be harmful;
(i) the conservation and protection of wild flora and fauna and
their habitat, and specially protected natural areas;
(j) the protection of endangered and threatened species;
(k) environmental emergency preparedness and response activities;
(l) environmental matters as they relate to economic development;
(m) the environmental implications of goods throughout their life
cycles;
(n) human resource training and development in the environmental
field;
(o) the exchange of environmental scientists and officials;
(p) approaches to environmental compliance and enforcement;
(q) ecologically sensitive national accounts;
(r) eco-labelling; and
(s) other matters as it may decide.
3. The Council shall strengthen cooperation on the development
and continuing improvement of environmental laws and regulations,
including by:
4. The Council shall encourage:
5. The Council shall promote and, as appropriate, develop recommendations
regarding:
6. The Council shall cooperate with the NAFTA Free Trade Commission
to achieve the environmental goals and objectives of the NAFTA
by:
(a) acting as a point of inquiry and receipt for comments from
non-governmental organizations and persons concerning those goals
and objectives;
(b) providing assistance in consultations under Article 1114 of
the NAFTA where a Party considers that another Party is waiving
or derogating from, or offering to waive or otherwise derogate
from, an environmental measure as an encouragement to establish,
acquire, expand or retain an investment of an investor, with a
view to avoiding any such encouragement;
(c) contributing to the prevention or resolution of environment-related
trade disputes by:
(i) seeking to avoid disputes between the Parties,
(ii) making recommendations to the Free Trade Commission with
respect to the avoidance of such disputes, and
(iii) identifying experts able to provide information or technical
advice to NAFTA committees, working groups and other NAFTA bodies;
(d) considering on an ongoing basis the environmental effects
of the NAFTA; and
(e) otherwise assisting the Free Trade Commission in environment-related
matters.
7. Recognizing the significant bilateral nature of many transboundary
environmental issues, the Council shall, with a view to agreement
between the Parties pursuant to this Article within three years
on obligations, consider and develop recommendations with respect
to:
8. The Council shall encourage the establishment by each Party
of appropriate administrative procedures pursuant to its environmental
laws to permit another Party to seek the reduction, elimination
or mitigation of transboundary pollution on a reciprocal basis.
9. The Council shall consider and, as appropriate, develop recommendations
on the provision by a Party, on a reciprocal basis, of access
to and rights and remedies before its courts and administrative
agencies for persons in another Party's territory who have suffered
or are likely to suffer damage or injury caused by pollution originating
in its territory as if the damage or injury were suffered in its
territory.