7. During the fifth year after the date of entry into force of this Agreement, the Environment Committee shall:
(a) review the implementation and operation of this Chapter;
(b) report its findings, which may include recommendations, to the Council and the Commission; and
(c) undertake subsequent reviews at intervals to be decided by the Committee.
8. The Environment Committee shall provide for public input on matters relevant to the Committee's work, as appropriate, and shall hold a public session at each meeting.
9. The Parties recognize the importance of resource efficiency in the implementation of this Chapter and the desirability of using new technologies to facilitate communication and interaction between the Parties and with the public.
Article 24.27. Submissions on Enforcement Matters
1. Any person of a Party may file a submission asserting that a Party is failing to effectively enforce its environmental laws. Such submissions shall be filed with the Secretariat of the Commission for Environmental Cooperation (CEC Secretariat).
2. The CEC Secretariat may consider a submission under this Article if it finds that the submission:
(a) is in writing in English, French, or Spanish;
(b) clearly identifies the person making the submission;
(c) provides sufficient information to allow for the review of the submission including any documentary evidence on which the submission may be based and identification of the environmental law of which the failure to enforce is asserted;
(d) appears to be aimed at promoting enforcement rather than at harassing industry; and
(e) indicates whether the matter has been communicated in writing to the relevant authorities of the Party and the Party's response, if any.
3. If the CEC Secretariat determines that a submission meets the criteria set out in paragraph 2, it shall determine within 30 days of receipt of the submission whether the submission merits requesting a response from the Party. In deciding whether to request a response, the CEC Secretariat shall be guided by whether:
(a) the submission alleges harm to the person making the submission;
(b) the submission, alone or in combination with other submissions, raises matters about which further study would advance the goals of this Chapter;
(c) private remedies available under the Party's law have been pursued; and
(d) the submission is not drawn exclusively from mass media reports.
If the CEC Secretariat makes such a request, it shall forward to the Party a copy of the submission and any supporting information provided with the submission.
4. The Party shall inform the CEC Secretariat within 60 days of delivery of the request:
(a) whether the matter at issue is the subject of a pending judicial or administrative proceeding, in which case the CEC Secretariat shall proceed no further; and
(b) of any other information the Party wishes to provide, such as:
(i) information regarding the enforcement of the environmental law at issue, including any actions taken in connection with the matter in question;
(ii) whether the matter was previously the subject of a judicial or administrative proceeding; and
(iii) whether private remedies in connection with the matter are available to the person making the submission and whether they have been pursued.
Article 24.28. Factual Records and Related Cooperation
1. If the CEC Secretariat considers that the submission, in light of any response provided by the Party, warrants developing a factual record, it shall so inform the Council and the Environment Committee within 60 days of receiving the Party's response and provide its reasons.
2. The CEC Secretariat shall prepare a factual record if at least two members of the Council instruct it to do so.
3. The preparation of a factual record by the CEC Secretariat pursuant to this Article shall be without prejudice to any further steps that may be taken with respect to any submission.
4. In preparing a factual record, the CEC Secretariat shall consider any information provided by a Party and may consider any relevant technical, scientific, or other information:
(a) that is publicly available;
(b) submitted by interested persons;
(c) submitted by national advisory or consultative committees referred to in Article 24.5 (Public Information and Participation);
(d) submitted by the Joint Public Advisory Committee (JPAC) referred to in Article 2.2 (Commission for Environmental Cooperation) of the ECA;
(e) developed by independent experts; or
(f) developed under the ECA.
5. The CEC Secretariat shall submit a draft factual record to the Council within 120 days of the Council's instruction to prepare a factual record under paragraph 2. Any Party may provide comments to the CEC Secretariat on the accuracy of the draft within 30 days of the submission of the draft factual record. The CEC Secretariat shall incorporate those comments in the final factual record and promptly submit it to the Council.
6. The CEC Secretariat shall make the final factual record publicly available, normally within 30 days following its submission, unless at least two members of the Council instruct it not to do so.
7. The Environment Committee shall consider the final factual record in light of the objectives of this Chapter and the ECA and may provide recommendations to the Council on whether the matter raised in the factual record could benefit from cooperative activities.
8. The Parties shall provide updates to the Council and the Environment Committee on final factual records, as appropriate.
Article 24.29. Environment Consultations
1. The Parties shall at all times endeavor to agree on the interpretation and application of this Chapter, and shall make every effort through dialogue, consultation, exchange of information, and, if appropriate, cooperation to address any matter that might affect the operation of this Chapter.
2. A Party (the requesting Party) may request consultations with any other Party (the responding Party) regarding any matter arising under this Chapter by notifying the responding Party's contact point in writing. The requesting Party shall include information that is specific and sufficient to enable the responding Party to respond, including identification of the matter at issue and an indication of the legal basis for the request. The requesting Party shall deliver its request for consultations to the third Party through their respective contact points.
3. A third Party that considers it has a substantial interest in the matter, may participate in the consultations by notifying the contact points of the requesting and responding Parties in writing no later than seven days after the date of delivery of the request for consultations. The third Party shall include in its notice an explanation of its substantial interest in the matter.
4. Unless the requesting and the responding Parties (the consulting Parties) agree otherwise, the consulting Parties shall enter into consultations promptly, and no later than 30 days after the date of receipt by the responding Party of the request.
5. The consulting Parties shall make every effort to arrive at a mutually satisfactory resolution to the matter which may include appropriate cooperative activities. The consulting Parties may seek advice or assistance from any person or body they deem appropriate in order to examine the matter.
Article 24.30. Senior Representative Consultations
1. If the consulting Parties fail to resolve the matter under Article 24.29 (Environment Consultations), a consulting Party may request that the Environment Committee representatives from the consulting Parties convene to consider the matter by notifying the contact point of the other consulting Party or Parties in writing. At the same time, the consulting Party making the request shall deliver the request to the contact points of any other Party.
2. The Environment Committee representatives from the consulting Parties shall promptly convene following the delivery of the request, and shall seek to resolve the matter including, if appropriate, by gathering relevant scientific and technical information from governmental or non-governmental experts. Environment Committee representatives from any other Party that considers it has a substantial interest in the matter may participate in the consultations.
Article 24. Ministerial Consultations
1. If the consulting Parties fail to resolve the matter under Article 24.30 (Senior Representative Consultations), a consulting Party may refer the matter to the relevant Ministers of the consulting Parties who shall seek to resolve the matter.
2. Consultations pursuant to Article 24.29 (Environment Consultations), Article 24.30 (Senior Representative Consultations), and this Article may be held in person or by any technological means available as agreed by the consulting Parties. If in person, consultations shall be held in the capital of the responding Party, unless the consulting Parties agree otherwise.
3. Consultations shall be confidential and without prejudice to the rights of any Party in any future proceedings.
Article 24.32. Dispute Resolution
1. If the consulting Parties fail to resolve the matter under Article 24.29 (Environment Consultations), Article 24.30 (Senior Representative Consultations), and Article 24.31 (Ministerial Consultations) within 30 days after the date of receipt of a request under Article 24,.29.2 (Environment Consultations), or any other period as the consulting Parties may decide, the requesting Party may request the establishment of a panel under Article 31.6 (Establishment of a Panel).
2. Notwithstanding Article 31.15 (Role of Experts), in a dispute arising under Article 24.8 (Multilateral Environmental Agreements) a panel convened under Article 31.6 (Establishment of a Panel) shall:
(a) seek technical advice or assistance, if appropriate, from an entity authorised under the relevant multilateral environmental agreement to address the particular matter, and provide the consulting Parties with an opportunity to comment on any such technical advice or assistance received; and
(b) provide due consideration to any interpretive guidance received pursuant to subparagraph (a) on the matter to the extent appropriate in light of its nature and status in making its findings and determinations under Article 31.17 (Panel Report).
ANNEX 24-A.
For Canada, the Ozone-depleting Substances and Halocarbon Alternatives Regulations, of the Canadian Environmental Protection Act, 1999 (CEPA).
For Mexico, the General Law on Ecological Equilibrium and Environmental Protection (Ley General del Equilibrio Ecológico y la Protección al Ambiente (LGEEPA), under Title IV Environmental Protection, Chapter I and Il regarding federal enforcement of atmospheric provisions.
For the United States, 42 U.S.C. §§ 7671-7671q (Stratospheric Ozone Protection).
ANNEX 24-B.
For Canada, the Canada Shipping Act, 2001 and its related regulations.
For Mexico, Article 132 of the General Law on Ecological Equilibrium and Environmental Protection (Ley General del Equilibrio Ecoldgico y la Protección al Ambiente - LGEEPA).
For the United States, the Act to Prevent Pollution from Ships, 33 U.S.C. §§ 1901-1915.
Chapter 25. SMALL AND MEDIUM-SIZED ENTERPRISES
Article 25.1. General Principles
1. The Parties, recognizing the fundamental role of SMEs in maintaining dynamism and enhancing competitiveness of their respective economies, shall foster close cooperation between SMEs of the Parties and cooperate in promoting jobs and growth in SMEs.
2. The Parties recognize the integral role of the private sector in the SME cooperation to be implemented under this Chapter.
Article 25.2. Cooperation to Increase Trade and Investment Opportunities for SMEs
With a view to more robust cooperation between the Parties to enhance commercial opportunities for SMEs, and among other efforts, in the context of Memoranda of Understanding that exist between Parties on SME cooperation, each Party shall seek to increase trade and investment opportunities, and in particular shall:
(a) promote cooperation between the Parties' small business support infrastructure, including dedicated SME centers, incubators and accelerators, export assistance centers, and other centers as appropriate, to create an international network for sharing best practices, exchanging market research, and promoting SME participation in international trade, as well as business growth in local markets;
(b) strengthen its collaboration with the other Parties on activities to promote SMEs owned by under-represented groups, including women, indigenous peoples, youth and minorities, as well as start-ups, agricultural and rural SMEs, and promote partnership among these SMEs and their participation in international trade;
(c) enhance its cooperation with the other Parties to exchange information and best ptactices in areas including improving SME access to capital and credit, SME participation in covered government procurement opportunities, and helping SMEs adapt to changing market conditions; and
(d) encourage participation in platforms, such as web-based, for business entrepreneurs and counselors to share information and best practices to help SMEs link with international suppliers, buyers, and other potential business partners.
Article 25.3. Information Sharing
1. Each Party shall establish or maintain its own free, publicly accessible website containing information regarding this Agreement, including:
(a) the text of this Agreement;
(b) a summary of this Agreement; and
(c) information designed for SMEs that contains:
(i) a description of the provisions in this Agreement that the Party considers to be relevant to SMEs; and
(ii) any additional information that would be useful for SMEs interested in benefitting from the opportunities provided by this Agreement.
2. Each Party shall include in its website links or information through automated electronic transfer to:
(a) the equivalent websites of the other Parties; and
(b) the websites of its own government agencies and other appropriate entities that provide information the Party considers useful to any person interested in trading, investing, or doing business in that Party's territory.
3. The information described in paragraph 2(b) may include:
(a) customs regulations, procedures, or enquiry points;
(b) regulations or procedures concerning intellectual property rights;
(c) technical regulations, standards, or conformity assessment procedures;
(d) sanitary or phytosanitary measures relating to importation or exportation;
(e) foreign investment regulations;
(f) business registration procedures;
(g) trade promotion programs;
(h) competitiveness programs;
(i) SME financing programs;
(j) employment regulations;
(k) taxation information;
(l) information related to the temporary entry of business persons, as set out in Article 16.5 (Provision of Information); and
(m) government procurement opportunities within the scope of Article 13.2 (Scope).
4. Each Party shall regularly review the information and links on the website referred to in paragraphs 1 and 2 to ensure the information and links are up-to-date and accurate.
5. To the extent possible, each Party shall make the information in this Article available in English. If this information is available in another authentic language of this Agreement, the Party shall endeavor to make this information available, as appropriate.
Article 25.4. Committee on SME Issues
1. The Parties hereby establish the Committee on SME Issues (SME Committee), comprising government representatives of each Party.
2. The SME Committee shall:
(a) identify ways to assist SMEs in the Parties' territories to take advantage of the commercial opportunities resulting from this Agreement and to strengthen SME competitiveness;
(b) identify and recommend ways for further cooperation between the Parties to develop and enhance partnerships between SMEs of the Parties;
(c) exchange and discuss each Party's experiences and best practices in supporting and assisting SME exporters with respect to, among other things, training programs, trade education, trade finance, trade missions, trade facilitation, digital trade, identifying commercial partners in the territories of the Parties, and establishing good business credentials;
(d) develop and promote seminars, workshops, webinars, or other activities to inform SMEs of the benefits available to them under this Agreement;
(e) explore opportunities to facilitate each Party's work in developing and enhancing SME export counseling, assistance, and training programs;
(f) recommend additional information that a Party may include on the website referred to in Article 25.3 (Information Sharing);
(g) review and coordinate its work program with the work of other committees, working groups, and other subsidiary bodies established under this Agreement, as well as of other relevant international bodies, to avoid duplication of work programs and to identify appropriate opportunities for cooperation to improve the ability of SMEs to engage in trade and investment opportunities resulting from this Agreement;
(h) collaborate with and encourage committees, working groups and other subsidiary bodies established under this Agreement to consider SME-related commitments and activities into their work;
(i) review the implementation and operation of this Chapter and SME-related provisions within this Agreement and report findings and make recommendations to the Commission that can be included in future work and SME assistance programs as appropriate;
(j) facilitate the development of programs to assist SMEs to participate and integrate effectively into the Parties' regional and global supply chains;
(k) promote the participation of SMEs in digital trade in order to take advantage of the opportunities resulting from this Agreement and rapidly access new markets;
(l) facilitate the exchange of information on entrepreneurship education programs for youth and under-represented groups to promote the entrepreneurial environment in the territories of the Parties;
(m) submit on an annual basis, unless the Parties decide otherwise, a report of its activities and make appropriate recommendations to the Commission; and
(n) consider any other matter pertaining to SMEs as the SME Committee may decide, including issues raised by SMEs regarding their ability to benefit from this Agreement.
3. The SME Committee shall convene within one year after the date of entry into force of this Agreement and thereafter meet annually, unless the Parties decide otherwise.
4. The SME Committee may seek to collaborate with appropriate experts and international donor organizations in carrying out its programs and activities.
Article 25.5. SME Dialogue
1. The SME Committee shall convene a Trilateral SME Dialogue (the "SME Dialogue"). The SME Dialogue may include private sector, employees, non-government organizations, academic experts, SMEs owned by diverse and under-represented groups, and other stakeholders from each Party.
2. The SME Committee shall convene the SME Dialogue annually, unless it decides otherwise.
3. SME Dialogue participants may provide views to the Committee on any matter within the scope of this Agreement and on the implementation and further modernization of this Agreement.
4. SME Dialogue participants may provide relevant technical, scientific, or other information to the Committee. Article 25.6: Obligations in the Agreement that Benefit SMEs
The Parties recognize that in addition to the provisions in this Chapter, there are provisions in other Chapters of this Agreement that seek to enhance cooperation among the Parties on SME issues or that otherwise may be of particular benefit to SMEs. These include:
(a) Origin Procedures: Article 5.18 (Committee on Rules of Origin and Origin Procedures);
(b) Government Procurement: Article 13.17 (Ensuring Integrity in Procurement Practices); Article 13.20 (Facilitation of Participation by SMEs), and Article 13.21 (Committee on Government Procurement);
(c) Cross-Border Trade in Services: Article 15.10 (Small and Medium-Sized Enterprises);
(d) Digital Trade: Article 19.17 (Interactive Computer Services); Article 19.18 (Open Government Data);
(e) Intellectual Property: Article 20.14 (Committee on Intellectual Property Rights);
(f) Labor: Article 23.12 (Cooperation);
(g) Environment: Article 24.17 (Marine Wild Capture Fisheries);
(h) Competitiveness: Article 26.1 (North American Competitiveness Committee);
(i) Anticorruption: Article 27.5 (Participation of Private Sector and Society); and
(j) Good Regulatory Practices: Article 28.4 (Internal Consultation, Coordination, and Review), Article 28.11 (Regulatory Impact Assessment), and Article 28.13 (Retrospective Review).
Article 25.7. Non-Application of Dispute Settlement
No Party shall have recourse to dispute settlement under Chapter 31 (Dispute Settlement) for any matter arising under this Chapter.
Chapter 26. COMPETITIVENESS
Article 26.1. North American Competitiveness Committee
1. Recognizing their unique economic and commercial ties, close proximity, and extensive trade flows across their borders, the Parties affirm their shared interest in strengthening regional economic growth, prosperity, and competitiveness.
2. With a view to promoting further economic integration among the Parties and enhancing the competitiveness of North American exports, the Parties hereby establish a North American Competitiveness Committee (Competitiveness Committee), composed of government representatives of each Party.
3. Each Party shall designate a contact point for the Competitiveness Committee, notify the other Parties of the contact point, and promptly notify the other Parties of any subsequent changes. Recognizing the need for a comprehensive and coordinated approach to enhance North American competitiveness, each Party's contact point shall coordinate with its relevant government departments and agencies.
4. The Competitiveness Committee shall discuss and develop cooperative activities in support of a strong economic environment that incentivizes production in North America, facilitates regional trade and investment, enhances a predictable and transparent regulatory environment, encourages the swift movement of goods and the provision of services throughout the region, and responds to market developments and emerging technologies.
5. The Competitiveness Committee shall:
(a) discuss effective approaches and develop information-sharing activities to support a competitive environment in North America that facilitates trade and investment between the Parties, and promotes economic integration and development within the free trade area;
(b) explore ways to further assist traders of a Party to identify and take advantage of trade opportunities under this Agreement;
(c) provide advice and recommendations, as appropriate, to the Commission on ways to further enhance the competitiveness of the North American economy, including recommendations aimed at enhancing the participation of SMEs, and enterprises owned by under-represented groups including women, indigenous peoples, youth, and minorities;