Rules of procedure for joint submission committee: Canada-Chile

Rule 1: Scope

These Rules apply to the Joint Submission Committee (JSC) established by the Agreement on Environmental Cooperation Between the Government of Canada and the Government of the Republic of Chile (the "Agreement").

Rule 2: The JSC Structure

2.1 The JSC shall be comprised of two members, one from each Party. The members shall be chosen by the Council for a three year term which may be renewed by the Council for one additional three year term. The members of the JSC shall:

  1. be familiar with environmental law and its enforcement;
  2. be chosen strictly on the basis of objectivity, reliability and sound judgment;
  3. be independent of, and not be affiliated with, or take instruction from, either Party;
  4. comply with the Code of Conduct for the Members of the Joint Submission Committee and the Experts on Environmental Matters under the Agreement; and
  5. comply with any other standards established by the Council.

2.2 Prior to appointment, the Parties shall confer with regard to their nominees to the JSC. Each Party shall notify the Council through its National Secretariat of the name and address of its JSC member and of any subsequent changes.

2.3 Where a JSC member is unable to perform his/her duties due to conflict of interest, or any other reason, the Council shall expeditiously agree on a replacement.

Rule 3: Functions

3.1 The JSC shall consider submissions pursuant to Articles 14(2), 14(3) and Article 15(1) of the Agreement and the Guidelines for Submissions on Enforcement Matters under Articles 14 and 15 of the Agreement ("Guidelines").

3.2 In considering a submission, the JSC may request technical, administrative and operational support from the National Secretariat of the Party which is not the subject of the submission.

3.3 In considering a submission, the JSC may request advice on the interpretation of the Agreement from the Council only.

Rule 4: Decisions

The JSC shall make decisions by consensus.

Rule 5: Confidentiality

The JSC shall safeguard the confidentiality of information pursuant to Article 11(6) of the Agreement and the relevant sections of the Guidelines.

Rule 6: Amendment of Rules

These Rules may be amended by the Council.

Rule 7: Overriding Authority of the Agreement

In the event of any inconsistency between these Rules and the Agreement, the Agreement shall prevail to the extent of the inconsistency.

 

Chilean National Secretariat

 

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