Agreement on Environmental Cooperation
between the
Government of Canada
and the
Government of the Republic of Chile

PREAMBLE

The Government of Canada and the Government of the Republic of Chile (Chile):

CONVINCED of the importance of the conservation, protection and enhancement of the environment in their territories and the essential role of cooperation in these areas in achieving sustainable development for the well-being of present and future generations;

REAFFIRMING the sovereign right of States to exploit their own resources pursuant to their own environmental and development policies and their responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction;

RECOGNIZING the global nature of the environment;

ACKNOWLEDGING the growing economic and social links between them, including the Canada-Chile Free Trade Agreement (CCFTA);

RECALLING that Canada and Chile share a commitment to pursue policies which promote sustainable development, and that sound environmental management is an essential element of sustainable development;

RECONFIRMING the importance of the environmental goals and objectives of the CCFTA, including enhanced levels of environmental protection;

EMPHASIZING the importance of public participation in conserving, protecting and enhancing the environment;

NOTING the existence of differences in their respective natural endowments, climatic and geographical conditions, and economic, technological and infrastructural capabilities;

REAFFIRMING the Stockholm Declaration on the Human Environment of 1972 and the Rio Declaration on Environment and Development of 1992;

RECALLING their tradition of environmental cooperation and expressing their desire to support and build on international environmental agreements and existing policies and laws, in order to promote cooperation between them;

RECOGNIZING the desire to build on progress made through the cooperative activities of the Memorandum of Understanding on Environmental Cooperation between the Department of the Environment of Canada and the Department of Industry Canada and the National Commission on the Environment of Chile;

CONVINCED of the benefits to be derived from a framework, including a Commission, to facilitate effective cooperation on the conservation, protection and enhancement of the environment in their territories; and

DESIRING to facilitate the accession of Chile to the North American Agreement on Environmental Cooperation;

HAVE AGREED as follows:

Table of Contents

• PART ONE - OBJECTIVES
  • Article 1: Objectives
• PART TWO - OBLIGATIONS
  • Article 2: General Commitments
  • Article 3: Levels of Protection
  • Article 4: Publication
  • Article 5: Government Enforcement Action
  • Article 6: Private Access to Remedies
  • Article 7: Procedural Guarantees
• PART THREE - CANADA-CHILE COMMISSION FOR ENVIRONMENTAL COOPERATION
  • Article 8: The Commission
  • Section A: The Council
    • Article 9: Council Structure and Procedures
    • Article 10 : Council Functions
  • Section B: The National Secretariats
    • Article 11: National Secretariat
    • Article 12: The Joint Submission Committee
    • Article 13: Annual Report of the Commission
    • Article 14 : Submissions on Enforcement Matters
    • Article 15 : Factual Record
  • Section C: Advisory Committees
    • Article 16: Joint Public Advisory Committee
    • Article 17: National Advisory Committees
    • Article 18 : Governmental Committees
  • Section D: Official Languages
    • Article 19: Official Languages
• PART FOUR - COOPERATION AND PROVISION OF INFORMATION
  • Article 20: Cooperation
  • Article 21: Provision of Information
• PART FIVE - CONSULTATION AND RESOLUTION OF DISPUTES
  • Article 22: Consultations
  • Article 23: Initiation of Procedures
  • Article 24: Request for an Arbitral Panel
  • Article 25: Roster
  • Article 26: Qualifications of Panelists
  • Article 27: Panel Selection
  • Article 28: Rules of Procedure
  • Article 29: Role of Experts
  • Article 30: Initial Report
  • Article 31: Final Report
  • Article 32: Implementation of Final Report
  • Article 33: Review of Implementation
  • Article 34: Further Proceeding
  • Article 35: Domestic Enforcement and Collection
  • Article 36: Funding of Panel Proceedings
• PART SIX - GENERAL PROVISIONS
  • Article 37: Enforcement Principle
  • Article 38: Private Rights
  • Article 39: Protection of Information
  • Article 40: Relation to Other Environmental Agreements
  • Article 41: Extent of Obligations
  • Article 42: National Security
  • Article 43: Funding of the Commission
  • Article 44: Definitions
• PART SEVEN - FINAL PROVISIONS
  • Article 45: Annexes
  • Article 46: Entry into Force
  • Article 47: Amendments
  • Article 48: Accession of Chile to the North American Agreement on Environmental Cooperation
  • Article 49: Termination
  • Article 50: Authentic Texts
• ANNEX 33 Monetary Enforcement Assessments
• ANNEX 41 Extent of Obligations
• ANNEX 44.1 Country-Specific Definitions
• ANNEX 44.2 Definition of Environmental Law in Chile
  For purposes of Article 14 (1) and Part V of the Agreement and with respect to Chile only, the definition of "environmental law" in Article 44(2) will be subject to Appendices 44B.1, 44B.2 and 44B.3 until June 2nd, 1999.
• APPENDIX 44B.1
  The definition of "environmental law" shall apply to the following, including any subsequent modification thereof, immediately upon the entry into force of the Agreement, including any other statute, regulation or provision thereof in effect after March 9, 1994.
  1. General Legislation(1)
  2. Water (1)
  3. Air (1)
  4. Noise (1)
  5. Toxic Substances and Hazardous Wastes (1)
  6. Wildlife and Protected Areas(1)
  7. Miscellaneous Legislation (1)
• APPENDIX 44B.2
  The definition of "environmental law" shall apply to the following, including any subsequent modification thereof, six months after the entry into force of the Agreement.
  1. General Legislation(2)
  2. Air (2)
  3. Noise (2)
  4. Toxic Substances and Hazardous Wastes (2)
  5. Wildlife and Protected Areas (2)
• APPENDIX 44B.3
  The definition of "environmental law" shall apply to the following, including any subsequent modification thereof, according to a schedule to be presented by Chile no later than six months after the entry into force of the Agreement. The schedule shall become part of this Appendix and its provisions shall become applicable accordingly.
  1. General Legislation (3)
  2. Water (3)
  3. Air (3)
  4. Toxic Substances and Hazardous Wastes (3)
  5. Wildlife and Protected Areas (3)
  6. Miscellaneous Legislation (3)

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