EXECUTIVE
ORDER
EO 12915
Effective Date: May 13, 1994

Responsible Office: Office of Management Systems
Subject: FEDERAL IMPLEMENTATION OF THE NORTH AMERICAN AGREEMENT ON ENVIRONMENTAL COOPERATION

				TEXT

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 if
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.

                         /s/William J. Clinton


THE WHITE HOUSE,
May 13, 1994.
			

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