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Environment Co-operation Agreement
ENVIRONMENT COOPERATION AGREEMENT AMONG THE PARTIES TO THE
TRANS-PACIFIC STRATEGIC ECONOMIC PARTNERSHIP AGREEMENT
The Governments of Brunei Darussalam, the Republic of Chile, New Zealand, and
the Republic of Singapore (hereinafter referred to collectively as the
“Parties” or individually as a “Party”, unless the
context otherwise requires):
Desiring to express an approach dealing with environment
issues, that takes account of the unique circumstances of each Party,
and meets the needs and future aspirations of the Parties, and reflects the
to strengthen the growing economic and political relationship as reflected in
the Trans-Pacific Strategic Economic Partnership Agreement;
Noting the existence of differences in the Parties’
respective natural endowments, climatic, geographical, social, cultural and
legal conditions and economic, technological and infrastructural
Committed to the pursuit of sustainable development as well as
recognising its interdependent and mutually reinforcing pillars -
economic development, social development and environmental protection;
Acknowledging that all Parties share a similar commitment to a high
of environmental protection and standards, and to upholding these in
the context of sustainable development;
Recognising that environment and trade policies should
be mutually supportive, with a view to achieving sustainable development;
Have agreed as follows:
Article 1: Objectives
The objectives of the Agreement shall be to:
(a) encourage sound environment policies and practices and improve
the capacities and capabilities of the Parties, including non-government
sectors, to address environmental matters;
(b) promote, through environmental cooperation, the commitments made by the
(c) facilitate co-operation and dialogue in order to strengthen the
broader relationship among the Parties.
Article 2: Key Elements/Commitments
- The Parties reaffirm their intention to continue to pursue
high levels of environmental protection and to fulfill their respective
multilateral environment commitments and international plans of action
designed to achieve sustainable development.
- Each Party shall endeavour to have its environment laws,
regulations, policies and practices in harmony with its international
- The Parties shall respect the sovereign right of each Party to set,
administer and enforce its own environmental laws, regulations and policies
according to its priorities.
- The Parties agree that it is inappropriate to set or use their
environmental laws, regulations, policies and practices for trade protectionist
- The Parties agree that it is inappropriate to relax, or
fail to enforce or administer, their environment laws and
regulations to encourage trade and investment.
- Each Party shall promote public awareness of its
environmental laws, regulations, policies and practices domestically.
Article 3: Cooperation
- Taking account of their national priorities and available
resources, interested Parties will cooperate on mutually agreed
environmental issues through the interaction of government, industry,
educational and research institutions in each country.
- Each Party may, as appropriate, invite the
participation of its non- government sectors and other organisations
in identifying potential areas for cooperation.
- The Parties may invite the participation of non-government
sectors and other organisations in undertaking cooperative activities as
- The interested Parties will encourage and facilitate, as
appropriate, the following activities:
(a) collaborative research on subjects of mutual interest;
(b) exchange of environmental experts and management personnel;
(c) exchange of technical information and publications; and
(d) any other modes of cooperation agreed upon by the Parties.
Such cooperation shall take into consideration each Party’s
environmental priorities and needs as well as the resources available. The
funding of cooperative activities shall be decided by the Parties on a
- The Parties’ intention is to cooperate in
environmental areas of common global or domestic concern. To facilitate
this, as an initial step, Parties shall exchange lists of their areas of
interest and expertise.
Article 4: Institutional Arrangements
- Each Party shall designate a national contact point for
environmental matters to facilitate communication among the Parties.
- The Parties, including senior officials of their
government agencies responsible for relevant environmental matters, shall meet
within the first year of signing this Agreement unless otherwise agreed,
and thereafter as mutually agreed.
- The agenda as agreed by the Parties may:
(a) consider areas of potential cooperative activities;
(b) serve as a forum for dialogue on matters of mutual interest;
(c) review the implementation, operation and outcomes of the
(d) address issues that may arise.
- The Parties may exchange information and coordinate activities
using email, video conferencing or other means of communication.
- After three years, or as otherwise agreed, the Parties
shall review the operation of this Agreement and report to the
Trans-Pacific Strategic Economic Partnership Commission.
- Each Party may consult with members of its public and/or
non-government sectors over matters relating to the operation of this
Agreement by whatever means that Party considers appropriate.
- The Parties may decide to invite relevant experts or
organisations, to provide information to meetings of the Parties.
- Each Party may develop mechanisms, as appropriate, to inform its
public of activities undertaken pursuant to this Agreement in accordance
with its laws, regulations, policies and practices.
Article 5: Consultation
- The Parties shall at all times endeavour to agree on the
interpretation and application of this Agreement, and shall make every
attempt through dialogue, consultation and cooperation to resolve any issue
that might affect its operation.
- Should any issue arise between any of the Parties over the
application of Article 2 (Key Elements/Commitments), the concerned
Parties shall in good faith resolve the issue amicably through dialogue,
consultation and cooperation.
- A Party may request consultation with the other Party(ies)
through the national contact point regarding any issue arising over the
interpretation or application of Article 2 (Key
Elements/Commitments). The contact point shall identify the office or
official responsible for the issue and assist if necessary in
facilitating the Party’s communications with the requesting Party. The
concerned Parties will provide initial advice of the issue to the
other Parties for their information.
- The concerned Parties shall decide a timeframe for consultation
which shall not exceed 6 months, unless mutually agreed.
- Should the issue not be able to be resolved through the initial
consultation process it may be referred to a special meeting of the
interested Parties and to which all Parties would be invited. The issue may
also be referred to the Trans- Pacific Strategic Economic Partnership
Commission by any interested Party for discussions.
- The special meeting of the interested Parties shall produce a
report. The concerned Party(ies) shall implement the conclusions and
recommendations of the report, taking into account the views of the
Trans-Pacific Strategic Economic Partnership Commission, as soon as
Article 6: Disclosure of Information
- A Party shall not disclose any information that was obtained from
another Party. A Party may disclose such information if the Party from
which the information was obtained, consents to the disclosure.
- Nothing in this Agreement shall be construed to require any Party
or allow access to information the disclosure of which it
(a) be contrary to the public interest as determined by its legislation;
(b) be contrary to any of its legislation including but not limited
to those protecting personal privacy or the financial affairs and accounts of
individual customers of financial institutions;
(c) impede law enforcement; or
(d) which would prejudice legitimate commercial interests of
particular enterprises, public or private.
Article 7: Final Provisions
- The Agreement shall enter into force for a Party on the same date
as the Trans-Pacific Strategic Economic Partnership Agreement enters into
force for that Party.
- The original of this Agreement shall be deposited with the
Government of New Zealand, which is hereby designated as the Depositary of this
Agreement, at the same time as the Trans-Pacific Strategic Economic
- The English and Spanish texts of this Agreement are equally
authentic. In the event of divergence, the English text shall prevail.
IN WITNESS WHEREOF, the undersigned, being duly
authorised by their respective Governments, have signed this Agreement.
For Brunei Darussalam For the Republic of Chile
For New Zealand For the Republic of Singapore