CHAPTER 20

ENVIRONMENT

Article 20.1: Definitions

For the purposes of this Chapter:

environmental law means a statute or regulation of a Party, or provision thereof, including any that implements the Party’s obligations under a multilateral environmental agreement, the primary purpose of which is the protection of the environment, or the prevention of a danger to human life or health, through:

 (a)       the prevention, abatement or control of: the release, discharge or emission of pollutants or environmental contaminants;

 (b)      the control of environmentally hazardous or toxic chemicals, substances, materials or wastes, and the dissemination of information related thereto; or

 (c)       the protection or conservation of wild flora or fauna, including endangered species, their habitat, and specially protected natural areas1, 2

but does not include a statute or regulation, or provision thereof, directly related to worker safety or health, nor any statute or regulation, or provision thereof, the primary purpose of which is managing the subsistence or aboriginal harvesting of natural resources; and

statute or regulation means:

(a)       for  Australia,  an  Act  of  the  Commonwealth  Parliament,  or  a regulation made by the Governor-General in Council under delegated   authority   under   an   Act   of   the   Commonwealth Parliament, that is enforceable at the central level of government;

 (b)       for Brunei Darussalam, an Act, Order or a Regulation promulgated pursuant to the Constitution of Brunei Darussalam, enforceable by the Government of His Majesty the Sultan and Yang Di-Pertuan of Brunei Darussalam;

 (c)       for Canada, an Act of the Parliament of Canada or regulation made under an Act of the Parliament of Canada that is enforceable by action of the central level of government;

 (d)       for Chile, a law of National Congress or decree of the President of the Republic, enacted as indicated by the Political Constitution of the Republic of Chile;

 (e)       for Japan, a Law of the Diet, a Cabinet Order, or a Ministerial Ordinance and other Orders established pursuant to a Law of the Diet, that is enforceable by action of the central level of government;

 (f)       for  Malaysia,  an  Act  of  Parliament  or  regulation  promulgated pursuant to an Act of Parliament that is enforceable by action of the federal government;

 (g)       for Mexico, an Act of Congress or regulation promulgated pursuant to an Act of Congress that is enforceable by action of the federal level of government;

 (h)       for New Zealand, an Act of the Parliament of New Zealand or a regulation made under an Act of the Parliament of New Zealand by the Governor-General in Council, which is enforceable by action of the central level of government;

 (i)        for Peru, a law of Congress, Decree or Resolution promulgated by the central level of government to implement a law of Congress that is enforceable by action of the central level of government;

 (j)        for  Singapore,  an  Act  of  the  Parliament  of  Singapore,  or  a Regulation promulgated pursuant to an Act of the Parliament of Singapore, which is enforceable by action of the Government of Singapore;

 (k)       for   the   United   States,   an   Act   of   Congress   or   regulation promulgated pursuant to an Act of Congress that is enforceable by action of the central level of government; and

 (l)        for Viet Nam, a law of the National Assembly, an ordinance of the Standing Committee of the National Assembly, or a regulation promulgated by the central level of government to implement a law

of the National Assembly or an ordinance of the Standing Committee of the National Assembly that is enforceable by action of the central level of government.

Article 20.2: Objectives

1.        The objectives of this Chapter are to promote mutually supportive trade and environmental policies; promote high levels of environmental protection and effective enforcement of environmental laws; and enhance the capacities of the Parties to address trade-related environmental issues, including through cooperation.

2.        Taking account of their respective national priorities and circumstances, the Parties recognise that enhanced cooperation to protect and conserve the environment and sustainably manage their natural resources brings benefits that can contribute to sustainable development, strengthen their environmental governance and complement the objectives of this Agreement.

3.        The Parties further recognise that it is inappropriate to establish or use their environmental laws or other measures in a manner which would constitute a disguised restriction on trade or investment between the Parties.

Article 20.3: General Commitments

1.        The Parties recognise the importance of mutually supportive trade and environmental policies and practices to improve environmental protection in the furtherance of sustainable development.

2.        The Parties recognise the sovereign right of each Party to establish its own levels of domestic environmental protection and its own environmental priorities, and to establish, adopt or modify its environmental laws and policies accordingly.

3.        Each Party shall strive to ensure that its environmental laws and policies provide  for,  and  encourage,  high  levels  of  environmental  protection  and  to continue to improve its respective levels of environmental protection.

4.        No Party shall fail to effectively enforce its environmental laws through a sustained or recurring course of action or inaction in a manner affecting trade or investment  between  the  Parties,  after  the  date  of  entry  into  force  of  this Agreement for that Party.

5.        The  Parties  recognise  that  each  Party  retains  the  right  to  exercise discretion and to make decisions regarding: (a) investigatory, prosecutorial, regulatory and compliance matters; and (b) the allocation of environmental enforcement resources with respect to other environmental laws determined to

have higher priorities. Accordingly, the Parties understand that with respect to the enforcement of environmental laws a Party is in compliance with paragraph 4 if a course of action or inaction reflects a reasonable exercise of that discretion, or results from a bona fide decision regarding the allocation of those resources in accordance with priorities for enforcement of its environmental laws.

6.        Without  prejudice  to  paragraph  2,  the  Parties  recognise  that  it  is inappropriate to encourage trade or investment by weakening or reducing the protection afforded in their respective environmental laws.  Accordingly, a Party shall  not  waive  or  otherwise  derogate  from,  or  offer  to  waive  or  otherwise derogate from, its environmental laws in a manner that weakens or reduces the protection  afforded  in  those  laws  in  order  to  encourage  trade  or  investment between the Parties.

7.        Nothing  in  this  Chapter  shall  be  construed  to  empower  a  Party’s authorities to undertake environmental law enforcement activities in the territory of another Party.

Article 20.4: Multilateral Environmental Agreements

1.        The Parties recognise that multilateral environmental agreements to which they are party play an important role, globally and domestically, in protecting the environment and that their respective implementation of these agreements is critical to achieving the environmental objectives of these agreements. Accordingly, each Party affirms its commitment to implement the multilateral environmental agreements to which it is a party.

2.        The Parties emphasise the need to enhance the  mutual supportiveness between trade and environmental law and policies, through dialogue between the Parties on trade and environmental issues of mutual interest, particularly with respect to the negotiation and implementation of relevant multilateral environmental agreements and trade agreements.

FULL TEXT OF TPP AGREEMENT

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