Page:North American Agreement on Environmental Cooperation - 1993.pdf/15

 Article 14: Submissions on Enforcement Matters

1. The Secretariat may consider a submission from any non-governmental organization or person asserting that a Party is failing to effectively enforce its environmental law, if the Secretariat finds that the submission:
 * (a) is in writing in a language designated by that Party in a notification to the Secretariat;
 * (b) clearly identifies the person or organization making the submission;
 * (c) provides sufficient information to allow the Secretariat to review the submission, including any documentary evidence on which the submission may be based;
 * (d) appears to be aimed at promoting enforcement rather than at harassing industry;
 * (e) indicates that the matter has been communicated in writing to the relevant authorities of the Party and indicates the Party's response, if any; and
 * (f) is filed by a person or organization residing or established in the territory of a Party.

2. Where the Secretariat determines that a submission meets the criteria set out in paragraph 1, the Secretariat shall determine whether the submission merits requesting a response from the Party. In deciding whether to request a response, the Secretariat shall be guided by whether:
 * (a) the submission alleges harm to the person or organization making the submission;
 * (b) the submission, alone or in combination with other submissions, raises matters whose further study in this process would advance the goals of this Agreement;
 * (c) private remedies available under the Party's law have been pursued; and
 * (d) the submission is drawn exclusively from mass media reports.

Where the Secretariat makes such a request, it shall forward to the Party a copy of the submission and any supporting information provided with the submission.

3. The Party shall advise the Secretariat within 30 days or, in exceptional circumstances and on notification to the Secretariat, within 60 days of delivery of the request:
 * (a) whether the matter is the subject of a pending judicial or administrative proceeding, in which case the Secretariat shall proceed no further; and
 * (b)        of any other information that the Party wishes to submit, such as