[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.

[[Page 1083]]

    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

[[Page 1084]]

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.

[[Page 1085]]