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Overview of Article 14 and 15 - Citizen SubmissionsUnder Article 14 of the Agreement, the Secretariats may consider in consultation with each other, a submission from any non-governmental organization or person asserting that a Party to the Agreement is failing to effectively enforce its environmental law. Where either Secretariat determines that the Article 14(1) criteria are met, the submission shall then be forwarded to the Joint Submission Committee to determine whether the submission merits requesting a response from the Party named in the submission under Article 14(2). In light of any response provided by that Party, the Joint Submission Committee may inform the Council that it considers preparation of factual record is warranted and provide its reasons. In accordance with Article 15, a factual record shall be prepared at the request of a Party except in cases which paragraph 2 of Annex 41 applies. In this instance a factual record shall be prepared if the Council so agrees. The Council may then instruct the Secretariat of the Party which is not the subject of the complaint, to commission an expert in environmental matters (chosen from a roster established by the Parties) to prepare a factual record on the submission. The Council shall make the factual record public at the request of either Party. Registry of Submissions on Enforcement Matters The National Secretariats have established a registry to provide information so that any interested organization or person, as well as the Joint Public Advisory Committee, may follow the status of any given submission during the submission process envisaged under Articles 14 and 15 of the Agreement. Subject to the confidentiality provisions of the Agreement the registry includes the following information unless decided otherwise by the Council:
Files on the Submissions on Enforcement Matters The Secretariat maintains a file on each submission. Subject to the availability of a computer version of a given document, such files are accessible on this site through the Registry of Submissions. Subject to confidentiality provisions of the Agreement and of the Guidelines, each file contains:
According to Article 14(1)(g) of the Canada-Chile Agreement on Environmental Cooperation (CCAEC), submissions filed pursuant to the CCAEC by a person or an organization residing or established in the territory of Canada cannot also be submitted pursuant to the North American Agreement on Environmental Cooperation (NAAEC). So far, all submissions concerning Canada have been filed pursuant to the NAAEC. Please follow the link below for more information on submission filed against Canada under the North American agreement.
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Chilean National Secretariat |
URL of this page: |
Last updated: 2002-02-19
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