[Weekly Compilation of Presidential Documents Volume 30, Number 20 (Monday, May 23, 1994)]
[Pages 1082-1085]
[Online from the Government Publishing Office, www.gpo.gov]
<R04>
Executive Order 12915--Federal Implementation of the North American
Agreement on Environmental Cooperation
May 13, 1994
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.
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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
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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.
William J. Clinton
The White House,
May 13, 1994.
[Filed with the Office of the Federal Register, 2:35 p.m., May 16, 1994]
Note: This Executive order was released by the Office of the Press
Secretary on May 16, and it was published in the Federal Register on May
18.
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