Secret TPP treaty: Environment chapter for all 12 nations

WikiLeaks release: January 15, 2014 keywords: TPP, TPPA, treaty, asia, pacific, negotiation, environment, fisheries, biodiversity, climate change, trade, investment restraint: This Document Contains TPP CONFIDENTIAL Information MODIFIED HANDLING AUTHORIZED title: Trans-Pacific Partnership Agreement: Environment Chapter Consolidated Text date: November 24, 2013 group: Trans-Pacific Partnership author: Trans-Pacific Partnership Environment Working Group Chairs link: http://wikileaks.org/tpp-enviro pages: 23

Description
This is the confidential draft treaty chapter from the Environment Working Group of the Trans-Pacific Partnership (TPP) talks between the United States, Japan, Mexico, Canada, Australia, Malaysia, Chile, Singapore, Peru, Vietnam, New Zealand and Brunei Darussalam. The treaty is being negotiated in secret by delegations from each of the 12 countries, who together account for 40% of global GDP. The chapter, covering proposed international obligations and enforcement mechanisms for protection of the environment, was drafted by the Chairs of the TPP Environment Working Group, at request from the TPP Ministers and at the Chairs' own responsibility, and is an attempt at a "landing zone" document to quickly move the text along and identify outliers. The document demonstrates the state of the text at the end of the Brunei round, as well as all discussions that have occurred in each negotiating round that the Chairs have participated in since, up to the date of drafting. The text dates from the end of the Salt Lake City meetings, and before the December Singapore TPP Ministerial Meeting. The text endeavours to present a package from the Chairs that considers the interests of all Parties and encompasses compromises across all issues, attempting to resolve tensions within the working group, which are then further detailed in the corresponding Chairs' report.

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Trans#Pacific Partnershi$ Agreement negotiations

Environment Chapter Consolidated Text

The follo%ing draft Trans#Pacific Partnershi$ &TPP' environment te(t is %ithout $re)udice to the $ositions of an* TPP Part*+ It res$onds to the re,uest b* TPP Ministers that Canada draft a consolidated te(t after bilateral consultations %ith other TPP Parties to determine concerns and redlines and $ossible landing zones+

November 24, 2013

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Chapter SS Environment
Article SS.1 !e"initions -or $ur$oses of this Cha$ter. environmental la# means an* statute or regulation of a Part*, or $rovision thereof, including an* that im$lement its obligations under a multilateral environmental agreement, the $rimar* $ur$ose of %hich is the $rotection of the environment, or the $revention of a danger to human life or health, through. &a' the $revention, abatement, or control of the release, discharge, or emission of $ollutants or environmental contaminants/ &b' the control of environmentall* hazardous or to(ic chemicals, substances, materials, and %astes, and the dissemination of information related thereto/ or (c) the $rotection or conservation of %ild flora or fauna, including endangered s$ecies, their habitat, and s$eciall* $rotected natural areas!,2, but does not include an* statute or regulation, or $rovision thereof, directl* related to %or0er safet* or health, nor an* statute or regulation, or $rovision thereof, the $rimar* $ur$ose of %hich is managing the subsistence or aboriginal harvesting of natural resources+ stat$te or re%$lation means. 1A&. for Australia, an act of the Common%ealth Parliament, or a regulation made b* the 2overnor#2eneral in Council under delegated authorit* under an Act of the Common%ealth Parliament, that is enforceable at the central level of government+3 1'N. for 4runei, an Act, 5rder or 6ule $romulgated $ursuant to the Constitution of 4runei 7arussalam, enforceable b* the 2overnment of His Ma)est* the 8ultan and *ang 7i#Pertuan of 4runei 7arussalam+3 1CA. for Canada, an Act of the Parliament of Canada or regulation made under an Act of the Parliament of Canada that is enforceable b* the central level of government+3 1(). for Mala*sia, an act of Parliament or regulation $romulgated $ursuant to an act of Parliament that is enforceable b* action of the federal government+3

1 specially protected natural areas as defined by the Party in its legislation. 2 The Parties recognize that such protection or conservation ay include the protection or conservation of biological diversity.

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1(*. for the 9nited Me(ican 8tates, an act of Congress or regulation $romulgated $ursuant to an act of Congress that is enforceable b* action of the federal level of government+3 1+E. for Peru, a la% of Congress or 7ecree or 6esolution $romulgated b* the central level of government to im$lement a la% of Congress that is enforceable b* action of the central level of government+3 1&S. for the 9nited 8tates, an act of Congress or regulation $romulgated $ursuant to an act of Congress that is enforceable b* action of the central level of government+3 1,N. for :ietnam, a la% of the National Assembl*, an ordinance of the 8tanding Committee of the National Assembl*, or a regulation $romulgated b* the central level of government to im$lement a la% of the National Assembl* or an ordinance of the 8tanding Committee of the National Assembl* that is enforceable b* action of the central level of government+3 Drafters note: Language relating to equivalency in scope of coverage is attached. Placement is to be determined. Article SS.2 -b.ectives !+ The ob)ectives of this Cha$ter are to. $romote mutuall* su$$ortive trade and environment $olicies/ $romote high levels of environmental $rotection and effective enforcement of environmental la%s/ and enhance the ca$acities of the Parties to address trade#related environmental issues, including through coo$eration+ 2+ Ta0ing account of their res$ective national $riorities and circumstances, the Parties recognize that enhanced coo$eration to $rotect and conserve the environment and sustainabl* manage their natural resources brings benefits %hich can contribute to sustainable develo$ment, strengthen their environmental governance and com$lement the ob)ectives of the TPP+ "+ The Parties further recognize that it is ina$$ro$riate to set or use their environmental la%s or other measures in a manner %hich %ould constitute a disguised restriction on trade or investment bet%een the Parties+ Article SS.3 /eneral Commitments !+ The Parties recognize the im$ortance of mutuall* su$$ortive trade and environmental $olicies and $ractices to im$rove environmental $rotection in the furtherance of sustainable develo$ment+ 2+ The Parties recognize the sovereign right of each Part* to establish its o%n levels of domestic environmental $rotection and its o%n environmental $riorities, and to set, ado$t or modif* accordingl* its environmental la%s and $olicies+ "+ ;ach Part* shall strive to ensure that its environmental la%s and $olicies $rovide for and encourage high levels of environmental $rotection and shall strive to continue to im$rove its res$ective levels of environmental $rotection+
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4+ No Part* shall fail to effectivel* enforce its environmental la%s through a sustained or recurring course of action or inaction in a manner affecting trade or investment bet%een the Parties, after the date of entr* into force of this Agreement+ ". The Parties recognize that each Part* retains the right to e(ercise discretion and to ma0e decisions regarding. &a' investigator*, $rosecutorial, regulator*, and com$liance matters/ and &b' the allocation of environmental enforcement resources %ith res$ect to other environmental la%s determined to have higher $riorities+ Accordingl*, the Parties understand that %ith res$ect to the enforcement of environmental la%s a Part* is in com$liance %ith $aragra$h 4 %here a course of action or inaction reflects a reasonable e(ercise of such discretion, or results from a bona fide decision regarding the allocation of such resources in accordance %ith $riorities for enforcement of its environmental la%s+ <+ =ithout $re)udice to $aragra$h 2, the Parties recognize that it is ina$$ro$riate to encourage trade or investment b* %ea0ening or reducing the $rotections afforded in their res$ective environmental la%s+ Accordingl*, a Part* shall not %aive or other%ise derogate from, or offer to %aive or other%ise derogate from, such la%s in a manner that %ea0ens or reduces the $rotections afforded in those la%s in order to encourage trade or investment bet%een the Parties+ >+ Nothing in this Cha$ter shall be construed to em$o%er a Part*?s authorities to underta0e environmental la% enforcement activities in the territor* of another Part*+ Article SS.4 ($ltilateral Environmental A%reements !+ The Parties recognize that multilateral environmental agreements to %hich the* are $art* $la* an im$ortant role globall* and domesticall* in $rotecting the environment and that their res$ective im$lementation of these agreements is critical to achieving the environmental ob)ectives of these agreements+ Accordingl*, each Part* affirms its commitment to im$lement the multilateral environmental agreements to %hich it is a $art*+ 2+ The Parties stress the need to enhance mutual su$$ortiveness bet%een trade and environment la%s and $olicies through dialogue bet%een the Parties on trade and environment issues of mutual interest, $articularl* %ith res$ect to negotiations and im$lementation of relevant multilateral environmental agreements and trade agreements+ !. If a Part* is found to be in non#com$liance %ith its obligations under a multilateral environmental agreement through a$$licable com$liance $rocedures under such agreement", and such non#com$liance is in a manner affecting trade or investment bet%een the Parties, an* other Part* %hose trade or investment is affected and is $art* to the same multilateral environmental agreement ma* re,uest that the Committee be convened to consider the issue b* delivering a %ritten re,uest to each national contact $oint+ The Committee shall convene to consider %hether the matter could benefit from coo$erative activities under this agreement, %ith a vie% to facilitating the relevant Part*
! #or greater clarity$ this does not include self%reporting of non%co pliance.

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coming into com$liance %ith its obligations under the multilateral environmental agreement+4 Montreal Protocol
&. The Parties recognize that emissions of certain substances can significantl* de$lete and

other%ise modif* the ozone la*er in a manner that is li0el* to result in adverse effects on human health and the environment+ To that end, each Part* affirms its commitment to ta0e measures to control the $roduction and consum$tion of, and trade in, such substances b* im$lementing its obligations under the Montreal Protocol of 8ubstances that 7e$lete the 5zone @a*er, including its amendments+A Article SS.0 +roced$ral (atters !+ ;ach Part* shall $romote $ublic a%areness of its environmental la%s, regulations and $olicies, including enforcement and com$liance $rocedures, b* ensuring that relevant information is available to the $ublic+ 2+ ;ach Part* shall ensure that interested $ersons residing in or established in the territor* of such Part* ma* re,uest the Part*?s com$etent authorities to investigate alleged violations of its environmental la%s, and that the com$etent authorities shall give such re,uests due consideration, in accordance %ith the Part*?s la%+ "+ ;ach Part* shall ensure that )udicial, ,uasi#)udicial, or administrative $roceedings for the enforcement of its environmental la%s are available under its la% and are fair, e,uitable, trans$arent, and com$l* %ith due $rocess of la%+ An* hearings in such $roceedings shall be o$en to the $ublic, e(ce$t %here the administration of )ustice other%ise re,uires, and in accordance %ith its a$$licable la%s+ 4+ ;ach Part* shall ensure that $ersons %ith a recognized interest under its la% in a $articular matter have a$$ro$riate access to $roceedings referred to in $aragra$h "+ A+ ;ach Part* shall $rovide a$$ro$riate sanctions or remedies for violations of its environmental la%s for the effective enforcement of those la%s+ 8uch sanctions or remedies ma* include a right to bring an action against the violator directl* see0ing damages or in)unctive relief, or a right to see0 governmental action+ <+ ;ach Part* shall ensure that, in the establishment of the sanctions or remedies referred to in $aragra$h A, a$$ro$riate account is ta0en of relevant factors+ 8uch factors ma* include the nature and gravit* of the violation, damage to the environment, and an* economic benefit the violator has derived from the violation+
& #or greater clarity$ this provision is not sub'ect to any dispute settle ent echanis in this agree ent. " #or purposes of this (rticle$ a Party)s *ontreal Protocol on +ubstances that ,eplete the -zone .ayer obligations shall enco pass those in e/isting or future protocols$ a end ents$ anne/es$ and ad'ust ents to 0hich it is party1 and a Party)s obligations shall be interpreted to reflect$ a ong other things$ e/isting and future reservations$ e/e ptions and e/ceptions that are applicable to it.

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Article SS.1 -pport$nities "or +$blic +articipation !+ ;ach Part* shall see0 to accommodate re,uests for information regarding the Part*?s im$lementation of this Cha$ter+ 2+ ;ach Part* shall ma0e use of e(isting, or establish ne%, consultative mechanisms, such as national advisor* committees, to see0 vie%s on matters related to the im$lementation of this Cha$ter+ 8uch mechanisms ma* com$rise $ersons %ith relevant e($erience, as a$$ro$riate, including e($erience in business, natural resource conservation and management, or other environmental matters+ Article SS.2 +$blic S$bmissions
1. ;ach Part* shall $rovide for the recei$t and consideration of %ritten submissions from

$ersons of that Part* regarding its im$lementation of this Cha$ter+< ;ach Part* shall res$ond in a timel* manner to such submissions in %riting, and in accordance %ith domestic $rocedures, and ma0e the submissions and its res$onses available to the $ublic, such as b* $osting on an a$$ro$riate $ublic %ebsite+ 2+ ;ach Part* shall ma0e its $rocedures for the recei$t and consideration of %ritten submissions readil* accessible and $ublicl* available, such as b* $osting on an a$$ro$riate $ublic %ebsite+ These $rocedures ma* $rovide that, to be eligible for consideration, the submission should. &a' be in %riting in one of the official languages of the Part* receiving the submission/ &b' clearl* identif* the $erson ma0ing the submission/ &c' $rovide sufficient information to allo% for the revie% of the submission including an* documentar* evidence on %hich the submission ma* be based/ &d' e($lain ho%, and to %hat e(tent, the issue raised affects trade or investment bet%een the Parties/ &e' not raise issues that are the sub)ect of ongoing )udicial or administrative $roceedings/ and &f' indicate %hether the matter has been communicated in %riting to relevant authorities of the Part* and the Part*?s res$onse, if an*+ "+ ;ach Part* shall notif* the other Parties of the entit* or entities res$onsible for receiving and res$onding to an* %ritten submissions referred to in $aragra$h ! %ithin !B da*s after this Agreement enters into force+ 4+ =here a submission asserts that a Part* is failing to effectivel* enforce its environmental la%s and follo%ing the $rovision of the %ritten res$onse b* that Part*, an* other Part* ma* re,uest that the Committee discuss that submission and %ritten res$onse %ith a vie% to further understanding the matter raised in the submission and, as a$$ro$riate, to consider %hether the matter could benefit from coo$erative activities+
2 3here available and appropriate$ a Party echanis for this purpose. ay use an e/isting institutional body or

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A+ At its first meeting, the Committee shall establish $rocedures for discussing submissions and res$onses referred to it+ 8uch $rocedures ma* $rovide for the utilization of e($erts, or e(isting institutional bodies, for the $ur$ose of develo$ing a re$ort for the Committee com$rised of information on facts relevant to the matter+ <+ No later than three *ears after the date this Agreement enters into force, and thereafter as agreed to b* the Parties, the Committee shall $re$are a %ritten re$ort for the Commission on the im$lementation of this Article+ -or $ur$oses of $re$aring this re$ort, each Part* shall $rovide a %ritten summar* regarding its im$lementation activities under this Article+ Article SS.3 Corporate Social 4esponsibilit5 ;ach Part* should encourage enter$rises o$erating %ithin its territor* or )urisdiction, to ado$t voluntaril*, into their $olicies and $ractices, $rinci$les of cor$orate social res$onsibilit* related to the environment, consistent %ith internationall* recognized standards and guidelines that have been endorsed or are su$$orted b* that Part*+ Article SS.6 ,ol$ntar5 (echanisms to Enhance Environmental +er"ormance !+ The Parties recognize that fle(ible, voluntar* mechanisms, such as voluntar* auditing and re$orting, mar0et#based incentives, voluntar* sharing of information and e($ertise, and $ublic#$rivate $artnershi$s, can contribute to the achievement and maintenance of high levels of environmental $rotection and com$lement domestic regulator* measures+ The Parties further recognize that such mechanisms should be designed in a manner that ma(imizes their environmental benefits and avoids the creation of unnecessar* barriers to trade+ 2+ Therefore, in accordance %ith its domestic la%s, regulations or $olicies, and to the e(tent it considers a$$ro$riate, each Part* shall encourage. &a' the use of such fle(ible and voluntar* mechanisms to $rotect natural resources and the environment in its territor*/ and &b' its relevant authorities, businesses and business organizations, non#governmental organizations, and other interested $ersons involved in the develo$ment of criteria used in evaluating environmental $erformance, %ith res$ect to such voluntar* mechanisms, to continue to develo$ and im$rove such criteria+ !. -urther, %here $rivate sector entities or non#governmental organizations develo$ voluntar* mechanisms for the $romotion of $roducts based on their environmental ,ualities, each Part* should encourage those entities and organizations to develo$ such mechanisms that among other things. &a' are truthful, not misleading and ta0e into account scientific and technical information/ &b' %here a$$licable and available, are based on relevant international standards, recommendations or guidelines, and best $ractices/
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&c' $romote com$etition and innovation/ and &d' do not treat a $roduct less favorabl* on the basis of origin+ Article SS.10 Cooperation 7rame#or8s !+ The Parties recognize the im$ortance of coo$eration as a mechanism for im$lementation of this Cha$ter and enhancing its benefits and to strengthen their )oint and individual ca$acities to $rotect the environment and to $romote sustainable develo$ment as the* strengthen their trade and investment relations+ 2+ Ta0ing account of their national $riorities and circumstances, and available resources, the Parties shall coo$erate to address matters of )oint or common interest among the $artici$ating Parties related to the im$lementation of this Cha$ter, %here there is mutual benefit from such coo$eration+ 8uch coo$eration ma* be carried out on a bilateral or $lurilateral basis bet%een or among the Parties and, sub)ect to consensus b* the $artici$ating Parties, ma* include non#government bodies or organizations and non#Parties to this Agreement+ "+ ;ach Part* shall designate the authorit* or authorities res$onsible for coo$eration related to the im$lementation of this Cha$ter to serve as its national contact $oint on matters relating to coordination of coo$eration activities and shall notif* the other Parties in %riting %ithin C da*s of entr* into force of this Agreement of its contact $oint+ 5n notif*ing the other Parties of its contact $oint, or at an* time thereafter through the contact $oints, a Part* ma*. &a' share its $riorities for coo$eration %ith the other Parties, including the ob)ectives of such coo$eration/ &b' $ro$ose coo$eration activities related to the im$lementation of this cha$ter to another Part* or Parties+ 4+ =here $ossible and a$$ro$riate, the Parties shall see0 to com$lement and utilize their e(isting coo$eration mechanisms and ta0e into account relevant %or0 of regional and international organizations+ A+ The Parties agree that coo$eration ma* be underta0en through modes such as dialogues, %or0sho$s, seminars, conferences, collaborative $rograms and $ro)ects, and technical assistance to $romote and facilitate coo$eration and training/ the sharing of best $ractices on $olicies and $rocedures/ and e(change of e($erts+ 2. In develo$ing coo$erative activities and $rograms, each Part* shall, %here relevant, identif* $erformance measures and indicators to assist in e(amining and evaluating the efficienc*, effectiveness and $rogress of s$ecific coo$erative activities and $rograms and share those measures and indicators, as %ell as the outcome of an* evaluation during or follo%ing the com$letion of a coo$erative activit* or $rogram, %ith the Parties+ >+ The Parties, through their national contact $oints for coo$eration, shall $eriodicall* revie% the im$lementation and o$eration of this Article and re$ort their findings, %hich ma* include recommendations, to the Committee to inform its revie% under Article 88+!!&"'&c'+ The Parties, through the Committee, ma* $eriodicall* evaluate the necessit*
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of designating an entit* to $rovide administrative and o$erational su$$ort for coo$erative activities+ In the event that the Parties agree to establish such an entit*, the Parties shall agree on the $rovision of funds on a voluntar* basis to su$$ort its o$eration+ B+ ;ach Part* shall $romote $ublic $artici$ation in the develo$ment and im$lementation, as a$$ro$riate, of coo$erative activities+ This ma* include activities such as encouraging and facilitating direct contacts and coo$eration among relevant entities and the conclusion of arrangements among them for the conduct of coo$erative activities under this Cha$ter+ C+ All coo$erative activities under this Cha$ter shall be sub)ect to the availabilit* of funds and of human and other resources, and to the a$$licable la%s and regulations of the $artici$ating Parties+ The funding of coo$erative activities shall be decided b* the $artici$ating Parties on a case#b*#case basis+ Article SS.11 9nstit$tional Arran%ements !+ ;ach Part* shall designate a national contact $oint from its relevant national authorities %ithin three months of the date of entr* into force of this Agreement, in order to facilitate communication among the Parties in the im$lementation of this Cha$ter+ Changes to the national contact $oint shall be communicated $rom$tl* to the other Parties as the* occur+ 2+ The Parties hereb* establish an ;nvironment Committee &DCommitteeE' %hich shall com$rise senior government re$resentatives, or their designees, of the relevant trade and environment national authorities of each Part* res$onsible for the im$lementation of this Cha$ter+ "+ The $ur$ose of the Committee is to oversee the im$lementation of this Cha$ter and its functions shall be to. &a' $rovide a forum to discuss and revie% the im$lementation of this Cha$ter/ &b' $rovide $eriodic re$orts to the 1Trans#Pacific Partnershi$ Commission3 regarding im$lementation of this Cha$ter/ &c' $rovide a forum to discuss and revie% coo$erative activities $ursuant to this Cha$ter/ &d' consider and endeavor to resolve matters referred to it under Article 88+!2 1Consultations3/ &e' coordinate %ith other Committees under the Agreement as a$$ro$riate/ and &f' $erform an* other functions as the Parties ma* agree+ &. The Committee shall meet %ithin the first *ear of entr* into force of this Agreement+ Thereafter, the Committee shall normall* meet ever* t%o *ears unless the Committee decides other%ise+ The Chair of the Committee and the venue of its meetings shall rotate among each of the Parties in ;nglish al$habetical order, unless the Committee decides other%ise+ A+ All decisions and re$orts of the Committee shall be made b* consensus, unless other%ise agreed, or unless other%ise $rovided in this Cha$ter+ <+ All decisions and re$orts of the Committee shall be made available to the $ublic, unless other%ise decided b* consensus+

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>+ 7uring the fifth *ear after the entr* into force of this Agreement, the Committee shall. &a' revie% the im$lementation and o$eration of this Cha$ter/ &b' re$ort its findings, %hich ma* include recommendations, to the Parties and the 1Commission3/ and &c' underta0e subse,uent revie%s at intervals to be agreed b* the Parties+ B+ The Committee shall $rovide for $ublic in$ut on matters relevant to the Committee?s %or0, as a$$ro$riate, and shall hold a $ublic session at each meeting+ C+ The Parties recognize the im$ortance of resource efficienc* in the im$lementation of this Cha$ter and the desirabilit* of utilizing, %herever $ossible, ne% technologies to facilitate communication and interaction among the Parties and %ith the $ublic+ Article SS.12 Cons$ltation:!isp$te 4esol$tion Article SS.12.1 Environment Cons$ltations !+ The Parties shall at all times endeavor to agree on the inter$retation and a$$lication of this Cha$ter, and shall ma0e ever* effort through dialogue, consultation, e(change of information, and, %here a$$ro$riate, coo$eration to address an* matter that might affect the o$eration of this Cha$ter+ 2+ An* Part* &Dthe re,uesting Part*E' ma* re,uest consultations %ith an* other Part* &Dthe res$onding Part*E' regarding an* matter arising under this Cha$ter b* delivering a %ritten re,uest to the national contact $oint designated in accordance %ith Article 88+!! &Institutional Arrangements' of this Cha$ter+ The re,uest shall contain information that is s$ecific and sufficient to enable the res$onding Part* receiving the re,uest to res$ond, including identification of the matter at issue and an indication of the legal basis for the re,uest+ "+ The re,uesting Part* shall inform the other Parties through the national contact $oints, of its re,uest for consultations+ A Part* other than the re,uesting or res$onding Part* that considers it has a substantial interest in the matter &Da $artici$ating Part*E' ma* $artici$ate in the consultations b* delivering a %ritten notice to the national contact $oint of the re,uesting and res$onding Parties %ithin seven da*s of the date of deliver* of the re,uest for consultations+ The $artici$ating $art* shall include in its notice an e($lanation of its substantial interest in the matter+ 4+ 9nless the* other%ise agree, the re,uesting and res$onding Parties &Dthe consulting PartiesE' shall enter into consultations %ithin " da*s after the recei$t of the %ritten re,uest+ A+ The consulting Parties shall ma0e ever* effort to arrive at a mutuall* satisfactor* resolution to the matter, %hich ma* include a$$ro$riate coo$erative activities+ The consulting Parties ma* see0 advice or assistance from an* $erson or bod* the* deem a$$ro$riate in order to e(amine the matter+

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Article SS.12.2 Senior 4epresentative Cons$ltations !+ If the consulting Parties fail to resolve the matter $ursuant to Article 88+!2+! &;nvironment Consultations', an* consulting Part* ma* re,uest that the Committee re$resentatives from the consulting Parties convene to consider the matter b* delivering a %ritten re,uest to the national contact $oint of the other consulting Part* and circulating it to the national contact $oint of other Parties+ 2+ The Committee re$resentatives from the consulting Parties shall meet no later than C da*s follo%ing the deliver* of the re,uest and shall see0 to resolve the matter including, %here a$$ro$riate, b* gathering relevant scientific and technical information from governmental or non#governmental e($erts+ Committee re$resentatives from an* other Part* that considers it as a substantial interest in the matter ma* $artici$ate in the consultations+ Article SS.12.3 (inisterial Cons$ltations !+ If the consulting Parties have failed to resolve the matter $ursuant to Article 88+!2+2 &Committee Consultations', an* of the consulting Parties ma* refer the matter to the relevant Ministers of the consulting Parties %ho shall see0 to resolve the matter+ 2+ Consultations $ursuant to Articles 88+!2+!, 88+!2+2, and 88+!2+" ma* be held in $erson or b* an* technological means available agreed b* the consulting Parties+ If in $erson, consultations shall be held in the ca$ital of the res$onding Part*, unless the consulting Parties other%ise agree+ "+ Consultations shall be confidential and %ithout $re)udice to the rights of an* Part* in an* future $roceedings+ Article SS.12.4 Arbitral Trib$nal !+ If the consulting Parties have failed to resolve the matter %ithin C da*s of the re,uest made $ursuant to Article 88+!2+" &Ministerial Consultations', the com$laining Part* ma* re,uest in %riting the establishment of an arbitral tribunal under this Cha$ter+ 2+ The com$laining Part* shall circulate the re,uest to all Parties through the national contact $oints designated in accordance %ith Article 88+! &Institutional Arrangements' of this Cha$ter+ "+ An arbitral tribunal shall be established u$on deliver* of a re,uest+ 4+ The com$laining Part* shall include in the re,uest to establish an arbitral tribunal an identification of the measure or other matter at issue and a brief summar* of the legal basis of the com$laint sufficient to $resent the $roblem clearl*+ A+ A Part* that is eligible under $aragra$h ! to re,uest the establishment of an arbitral tribunal regarding the same matter ma* )oin the arbitral tribunal $roceedings as a com$laining Part* u$on deliver* of a %ritten notice to the other Parties+ The Part* )oining the $roceedings shall deliver the notice at the earliest $ossible time and in an* event no

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later than seven da*s after the date of deliver* of the re,uest for the establishment of an arbitral tribunal+ <+ =here there is more than one dis$ute on the same matter arising under this Cha$ter against a Part*, the dis$utes ma* be )oined, sub)ect to the agreement of all dis$uting Parties+ Article SS.12.0 Terms o" 4e"erence 9nless the dis$uting Parties other%ise agree, the terms of reference of the arbitral tribunal constituted under $aragra$h !, shall be. to examine in the light of the relevant provisions of the !nvironment "hapter the matter referred to in the request for the establishment of the arbitral tribunal and in any notice to #oin the arbitral tribunal proceedings pursuant to $rticle %%.&'.( and to issue a report in accordance )ith $rticle ***.&+ ,-inal .eport/ of "hapter *** ,Dispute %ettlement/ ma0ing recommendations for the resolution of the matter.1 Article SS.12.1 Composition o" the Arbitral Trib$nal !+ -or $ur$oses of selecting an arbitral tribunal, the follo%ing $rocedures shall a$$l*. &a' the arbitral tribunal shall com$rise three members/ &b' %ithin 2 da*s of receiving the re,uest to establish an arbitral tribunal under Article 88+!2+4 6e,uest of the Arbitral Tribunal, the com$laining Part* or Parties and the res$onding Part* shall each select one arbitrator/ &c' if one Part* fails to select its arbitrator %ithin such $eriod, the other Part* shall select the arbitrator from among ,ualified individuals %ho are nationals of the Part* that failed to select its arbitrator/ &d' the follo%ing $rocedures shall a$$l* to the selection of the chair. i+ the res$onding Part* shall $rovide the com$laining Part* %ith the names of three ,ualified candidates+ The names shall be $rovided %ithin 2 da*s of receiving the re,uest to establish the arbitral tribunal/ ii+ the com$laining Part* ma* choose one of the individuals to be the chair or, if the names %ere not $rovided or none of the individuals are acce$table, $rovide the res$onding Part* %ith the names of three individuals %ho are ,ualified to be the chair+ Those names shall be $rovided no later than five da*s after receiving the names under sub$aragra$h &i' or 2A da*s after the recei$t of the re,uest for the establishment of the arbitral tribunal, %hichever is earlier/ and iii+ the res$onding Part* must choose one of the three individuals to be the chair %ithin five da*s of receiving the names under sub$aragra$h &ii'+ 2+ Members of the arbitral tribunal shall.

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&a' have s$ecialized 0no%ledge or e($ertise in environmental la%, issues addressed in this Cha$ter and, to the e(tent $ossible, the resolution of dis$utes arising under international agreements/ &b' be chosen on the basis of ob)ectivit*, reliabilit* and sound )udgment/ &c' be inde$endent of, and not be affiliated %ith or ta0e instructions from an* Part*/ and &d' com$l* %ith a code of conduct established b* the Parties under Article 444+F of Cha$ter 444 &7is$ute 8ettlement'+ Article SS.12.2 4$les o" +roced$re The 6ules of Procedure under Article 444+!! &6ules of Procedure Gfor Arbitral TribunalsH' of Cha$ter 444 &7is$ute 8ettlement' shall a$$l* to arbitral $roceedings under this Cha$ter+ Drafters 2ote: 3his provision to be revie)ed once $rticle ***.&& is agreed. Article SS.12.3 Third +art5 +articipation A Part* that is not a dis$uting Part*, and that considers it has a substantial interest in the matter before the arbitral tribunal, shall, on deliver* of a %ritten notice to the dis$uting Parties, be entitled to attend all hearings, to ma0e %ritten submissions, to $resent vie%s orall* to the arbitral tribunal, and to receive %ritten submissions of the dis$uting Parties+ The deliver* of the %ritten notice shall occur no later than ! da*s after the date of circulation of the re,uest for the establishment of the arbitral tribunal $ursuant to $aragra$h ! of Article 88+!2+4 &Arbitral Tribunal'+ Article SS.12.6 4ole o" Experts At the re,uest of a dis$uting Part* or on its o%n initiative, the arbitral tribunal ma* see0 information and technical advice from an* $erson or bod* that it deems a$$ro$riate, $rovided that the dis$uting Parties so agree and sub)ect to such terms and conditions as the dis$uting Parties ma* agree+ The dis$uting Parties shall have an o$$ortunit* to comment on an* information or advice so obtained+> Article SS.12.10 9nitial 4eport The arbitral tribunal shall $resent to the dis$uting Parties an initial re$ort in accordance %ith Article 444+!A &Initial 6e$ort' of Cha$ter 444 &7is$ute 8ettlement'+ -or the $ur$oses of this Cha$ter, the initial re$ort shall contain. &a' findings of fact/ &b' the determination of the arbitral tribunal as to %hether the res$onding Part* has failed to com$l* %ith its obligations under this Cha$ter/
4 This provision shall be applied in accordance 0ith the 8ules of Procedure set out in (rticle 999.11 (8ules of Procedure) of :hapter 999 (,ispute +ettle ent).

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&c' an* other determination re,uested in the terms of reference/ &d' recommendations for the resolution of the dis$ute/ and &e' the rationale for an* findings, determinations and recommendations made b* the arbitral tribunal+ Article SS.12.11 7inal 4eport The arbitral tribunal shall $resent a final re$ort to the dis$uting Parties in accordance %ith Article 444+!< &-inal 6e$ort' of Cha$ter 444 &7is$ute 8ettlement'+ Article SS.12.12 9mplementation o" 7inal 4eport !+ If in its final re$ort the arbitral tribunal determines that the res$onding Part* has failed to com$l* %ith its obligations under this Cha$ter, the dis$uting Parties shall endeavor to agree %ithin C da*s of the $ublic issuance of the final re$ort on a mutuall* satisfactor* action $lan $ursuant to the determinations and recommendations of the tribunal+ The Parties shall notif* the Committee of such action $lans and its im$lementation timeframes+ 2+ The res$onding Part* shall 0ee$ the Committee informed in a timel* manner through the national contact $oints of an* actions or measures to be im$lemented $ursuant to the determinations and recommendations of the tribunal, including an* action $lan agreed to $ursuant to $aragra$h !+ "+ -or an* matter affecting the inter$retation or a$$lication of this Cha$ter, the Parties shall onl* have recourse to the rules and $rocedures as set out in this Cha$ter+ At an* time, the Parties ma* have recourse to good offices, conciliation, or mediation to resolve that matter+ Article SS.13 Trade and 'iodiversit5 !+ The Parties recognize the im$ortance of conservation and sustainable use of biological diversit* and their 0e* role in achieving sustainable develo$ment+ 2+ Accordingl*, the Parties are committed to $romoting and encouraging the conservation and sustainable use of biological diversit* and sharing in a fair and e,uitable %a* the benefits arising from the utilization of genetic resources+ "+ The Parties reiterate their commitment to, sub)ect to national legislation, res$ecting, $reserving and maintaining the 0no%ledge, innovations, and $ractices of indigenous and local communities embod*ing traditional lifest*les relevant for the conservation and sustainable use of biological diversit*, and encourage the e,uitable sharing of the benefits arising from the utilization of such 0no%ledge, innovations and $ractices+ 4+ The Parties recognize the sovereign rights of 8tates over their natural resources, and that the authorit* to determine access to genetic resources rests %ith the national governments and is sub)ect to national legislation+

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A+ The Parties recognize that, sub)ect to national legislation, access to genetic resources for their utilization, %here granted, should be sub)ect to the $rior informed consent of the Part* $roviding such resources, unless other%ise determined b* that Part*+ The Parties further recognize that benefits arising from the utilization of these genetic resources should be shared in a fair and e,uitable %a*+ 8uch sharing should be u$on mutuall* agreed terms+ <+ The Parties also recognize the im$ortance of $ublic $artici$ation and consultations, as $rovided for b* domestic la% or $olic*, on matters concerning the conservation and sustainable use of biological diversit*+ ;ach Part* should ma0e $ublicl* available information about its $rograms and activities, including coo$erative $rograms, related to the conservation and sustainable use of biological diversit*+ >+ The Parties are committed to enhance their coo$erative efforts in areas of mutual interest related to biological diversit*, including through Article 88+! &Coo$eration'+ Coo$eration ma* include, but is not limited to, e(changing information and e($eriences in areas related to. &a' the conservation and sustainable use of biological diversit*/ &b' the $rotection and maintenance of ecos*stem and ecos*stem services/ and &c' the fair and e,uitable sharing of the benefits arising out of the utilization of genetic resources, including b* a$$ro$riate access to genetic resources+ Article SS.14 9nvasive Alien Species !+ The Parties recognize that the movement of terrestrial and a,uatic invasive alien s$ecies across borders through trade#related $ath%a*s can adversel* affect the environment, economic activities and develo$ment, and human health and that $revention, detection, control and, %hen $ossible, eradication, of invasive alien s$ecies are critical strategies for managing these im$acts+ 2+ Accordingl*, the Committee shall coordinate %ith the Committee on 8anitar* and Ph*tosanitar* Measures established under Article F+F of Cha$ter FFF &8anitar* and Ph*tosanitar* Measures' to identif* coo$erative o$$ortunities to share information and management e($eriences on the movement, $revention, detection, control and eradication of invasive alien s$ecies, %ith a vie% to enhancing efforts to assess and address the ris0s and adverse im$acts of invasive alien s$ecies+ Article SS.10 Trade and Climate Chan%e
1. The Parties ac0no%ledge climate change as a global concern that re,uires collective

action and recognize the im$ortance of im$lementation of their res$ective commitments under the 9nited Nations -rame%or0 Convention on Climate Change &9N-CCC' and its related legal instruments+ 2+ The Parties recognize the desirabilit* that trade and climate change $olicies be mutuall* su$$ortive, and that $olicies and measures to deal %ith climate change should be cost
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"+

4+

A+

<+

effective+ The Parties further recognize the role that mar0et and non#mar0et a$$roaches can $la* in achieving climate change ob)ectives+ The Parties agree that migration and ada$tation actions should reflect domestic circumstances and ca$abilities, and note efforts under%a* in a range of international fora to. increase energ* efficienc*/ develo$ lo%#carbon technologies and alternative and rene%able energ* sources/ $romote sustainable trans$ort and sustainable urban infrastructure develo$ment/ address deforestation and forest degradation/ reduce emissions in international maritime shi$$ing and air trans$ort/ im$rove monitoring, re$orting and verification of greenhouse gas emissions/ and develo$ ada$tation actions for climate change+ The Parties agree to encourage and facilitate coo$eration on the com$lementar*, trade#related, as$ects of these efforts in areas of mutual interest+ The Parties recognize that there are a suite of economic and environmental $olic* instruments that can $la* a role in achieving domestic climate change ob)ectives and in hel$ing achieve their international climate change commitments+ The Parties ac0no%ledge the value of sharing information and e($eriences in develo$ing and im$lementing such instruments+ Accordingl*, %here relevant and a$$ro$riate, the Parties agree to discuss matters such as. &a' best $ractices and lessons learned in designing, im$lementing, and o$erating mechanisms to reduce carbon emissions, including mar0et and non#mar0et measures/ &b' best $ractices in the design, im$lementation and enforcement of regulator* instruments/ and &c' best $ractices and lessons learned to enhance the trans$arenc* and accurac* of such instruments+ Activities $ursuant to $aragra$hs " and 4 ma*, at the discretion of the $artici$ating Parties and as a$$ro$riate, involve other governments in the Asia#Pacific region %ith an interest in such mechanisms, as %ell as the $rivate sector and non#governmental organizations+ The Parties recognize their res$ective commitments in AP;C to rationalize and $hase out over the medium term inefficient fossil fuel subsidies that encourage %asteful consum$tion, %hile recognizing the im$ortance of $roviding those in need %ith essential energ* services+ Accordingl*, the Parties agree to underta0e, as a$$ro$riate, coo$erative and ca$acit* building activities designed to facilitate effective im$lementation of these commitments, including in a$$l*ing the AP;C :oluntar* 6e$orting Mechanism+

Article SS.11 (arine Capt$re 7isheries3 !+ The Parties ac0no%ledge their role as ma)or consumers, $roducers and traders of fisheries $roducts and the im$ortance of the marine fisheries sector to their develo$ment and to the
5 #or greater certainty$ this (rticle does not apply 0ith respect to a;uaculture.

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2.

!.

4+

".

livelihoods of their fishing communities, including artisanal or small#scale fisheries+ The Parties also ac0no%ledge that the fate of marine ca$ture fisheries is an urgent resource $roblem facing the international communit*+ Accordingl*, the Parties recognize the im$ortance of ta0ing measures aimed at the conservation and the sustainable management of fisheries+ In this regard, the Parties ac0no%ledge that inade,uate fisheries management, fisheries subsidies that contribute to overfishing and overca$acit*, and Illegal, 9nre$orted and 9nregulated &I99' fishingC can have significant negative im$acts on trade, develo$ment and the environment and, thus recognize the need for individual and collective action to address the $roblems of overfishing and unsustainable utilization of fisheries resources+ Accordingl*, each Part* shall see0 to o$erate a fisheries management s*stem that regulates marine %ild ca$ture fishing and that is designed to $revent overfishing and overca$acit*, to reduce b*catch of non#target s$ecies and )uveniles, including through the regulation of fishing gear that results in b*catch and of fishing in areas %here b*catch is li0el* to occur, and to $romote the recover* of overfished stoc0s for all marine fisheries in %hich its $ersons conduct fishing activities+ 8uch a management s*stem shall be based on internationall* recognized best $ractices for fisheries management and conservation as reflected in the relevant $rovisions of international instruments aimed at ensuring the sustainable use and conservation of marine s$ecies+! ;ach Part*?s fisheries management s*stem shall, based on the best scientific evidence available, $romote the long#term conservation of shar0s, marine turtles, seabirds, and marine mammals, through the im$lementation and effective enforcement of conservation and management measures that ma* include, as a$$ro$riate, the collection of s$ecies s$ecific data, fisheries b*catch mitigation measures, catch limits, and $rohibitions, such as on finning and commercial %haling+ The Parties also recognize the im$ortance of $rotecting and $reserving the marine environment+ To that end, each Part* affirms its commitment to ta0e measures to $revent the $ollution of the marine environment b* im$lementing its obligations under the International Convention for the Prevention of Pollution from 8hi$s, !C>", as modified b* the Protocol of !C>B relating thereto and b* the Protocol of !CC> &MA6P5@' and its associated Anne(es+!!

6 The ter illegal$ unreported and unregulated fishing refers to the activities set out in paragraph ! of the <nternational Plan of (ction to Prevent$ ,eter and =li inate <llegal$ >nreported and >nregulated #ishing of the >? #ood and (gricultural -rganization. 17 These instru ents include$ a ong others$ and as they ay apply$ the >nited ?ations :onvention on the .a0 of the +ea$ the >? #ish +toc@s (gree ent$ the #(- :ode of :onduct for 8esponsible #isheries$ the 166! #(- :o pliance (gree ent and the 2771 #(<nternational Plan of (ction to Prevent$ ,eter and =li inate <llegal$ >nreported and >nregulated (<>>) #ishing. 11 #or purposes of this (rticle$ a Party)s *(8P-. obligations shall enco pass those in e/isting or future protocols$ a end ents$ anne/es$ and ad'ust ents to 0hich it is Party1 and a Party)s obligations shall be interpreted to reflect$ a ong other things$ e/isting and future reservations$ e/e ptions and e/ceptions that are applicable to it.

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2. The Parties recognize that the im$lementation of a fisheries management s*stem that is

designed to $revent overfishing and overca$acit* and to $romote the recover* of overfished stoc0s must include the control, reduction and eventual elimination of all subsidies that contribute to overfishing and overca$acit*+ To that end, no Part* shall grant or maintain an* of the follo%ing subsidies!2 %ithin the meaning of Article !+! of the 8CM Agreement that are s$ecific %ithin the meaning of Article 2 of the 8CM Agreement. (a) subsidies that target the fishing!" of fish stoc0s that are in an overfished!4 condition/ and (b) subsidies $rovided to an* fishing vessel!A %hile listed b* the flag 8tate or a relevant 6egional -isheries Management 5rganization or Arrangement for illegal, unre$orted or unregulated fishing in accordance %ith the rules and $rocedures of such organization or arrangement and in conformit* %ith international la%+ >+ 8ubsid* $rograms established b* a Part* before the entr* into force of this Agreement and %hich are inconsistent %ith $aragra$h < &a' shall be brought into conformit* %ith that $aragra$h as soon as $ossible and no later than 1F *earIs3 of the date of entr* into force of this Agreement+ B+ In relation to subsidies that are not $rohibited b* $aragra$h < &a' and &b', and ta0ing into consideration their social and develo$mental concerns, including food securit* concerns, each Part* shall ma0e best efforts to refrain from introducing ne%, or e(tending or enhancing e(isting, subsidies %ithin the meaning of Article !+! of the 8CM Agreement, to the e(tent the* are s$ecific %ithin the meaning of Article 2 of the 8CM Agreement, that contribute to overfishing or overca$acit*+ C+ =ith a vie% to achieving the ob)ective of eliminating subsidies that contribute to overfishing and overca$acit*, the Parties shall revie% the disci$lines in $aragra$h < at regular meetings of the Committee+ ! + ;ach Part* shall notif* to the other Parties, b* the first anniversar* of the entr* into force of this Agreement and ever* t%o *ears thereafter, an* subsid* %ithin the meaning of Article !+! of the 8CM Agreement %hich is s$ecific %ithin the meaning of Article 2 of

12 #or the purposes of this (rticle$ a subsidy shall be attributable to the Party conferring it$ regardless of the flag of the vessel involved or the application of rules of origin to the fish involved. 1! #or the purposes of this agree ent$ fishing eans searching for$ attracting$ locating$ catching$ ta@ing or harvesting fish or any activity 0hich can reasonably be e/pected to result in the attracting$ locating$ catching$ ta@ing or harvesting of fish. 1& #or the purposes of this (rticle$ a fish stoc@ is overfished if the stoc@ is at such a lo0 level that ortality fro fishing needs to be restricted to allo0 the stoc@ to rebuild to a level that produces a/i u sustainable yield or alternative reference points based on the best scientific evidence available. #ish stoc@s that are recognized by the relevant national 'urisdictions or regional fisheries anage ent organizations as overfished shall also be considered overfished for the purposes of this paragraph. 1" The ter fishing vessels refers to any vessel$ ship or other type of boat used for$ e;uipped to be used for$ or intended to be used for fishing or fishing related activities as defined in footnote ".

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the 8CM Agreement, and that the Part* grants or maintains to $ersons engaged in fishing or fishing related activities+ 11. 8uch notifications shall cover subsidies $rovided %ithin the $revious t%o#*ear $eriod and should include the follo%ing information, in addition to information re,uired under Article 2A+" of the 8CM Agreement the 8CM notification $rocess, to the e(tent $ossible, the follo%ing information!<. a' $rogram name/ b' legal authorit* for the $rogram/ c' catch data for the s$ecies targeted b* the subsid*/ d' status of the fish stoc0s targeted b* the subsid* &e+g+ overe($loited, de$leted, full* e($loited, recovering, undere($loited'/ e' fleet ca$acit* in the fisher* for %hich the subsid* is $rovided/ f' conservation and management measures in $lace in the relevant fisher*/ and g' total im$ortsIe($orts $er s$ecies+ !2+ ;ach Part* shall also $rovide, to the e(tent $ossible, information in relation to other fisheries subsidies that the Part* grants or maintains not covered b* $aragra$h < above, in $articular fuel subsidies+ !"+ A Part* ma* re,uest additional information from the notif*ing Part* regarding such notifications+ The notif*ing Part* shall res$ond to such re,uests as ,uic0l* as $ossible and in a com$rehensive manner+ 1&. The Parties recognize the im$ortance of concerted international action to address I99 fishing, as reflected in regional and international instruments,!> and shall endeavor to im$rove coo$eration internationall* in this regard, including %ith and through com$etent international organizations+ !A+ In su$$ort of efforts to combat I99 fishing $ractices and to hel$ deter trade in $roducts from s$ecies harvested from such $ractices, each Part* shall. a' coo$erate %ith other Parties to identif* needs and build ca$acit* that %ould su$$ort the im$lementation of this Article/ b' su$$ort monitoring, control, surveillance, com$liance, and enforcement s*stems, including b* ado$ting, revie%ing, or revising, as a$$ro$riate, measures to deter vessels fl*ing its flag and its nationals from engaging in I99 activities and measures to address the transshi$ment of fish or fish $roducts caught through I99 activities/ c' im$lement $ort state measures/
12 +haring infor ation and data on e/isting fisheries subsidy progra s does not pre'udge their legal status$ effects or nature under the A(TT 166& or the 3T- +:* (gree ent and is intended to co ple ent 3T- data reporting re;uire ents. 14 8egional and international instru ents include$ a ong others$ and as they ay apply$ the 2771 <nternational Plan of (ction to Prevent$ ,eter and =li inate <>> #ishing$ the 277" 8o e ,eclaration on <>> #ishing$ the 2776 (gree ent on Port +tate *easures to Prevent$ ,eter and =li inate <>> #ishing$ as 0ell as instru ents establishing and adopted by 8egional #isheries *anage ent -rganizations$ 0hich are defined as intergovern ental fisheries organizations or arrange ents$ as appropriate$ that have the co petence to establish conservation and anage ent easures.

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d' strive to act consistentl* %ith relevant conservation and management measures ado$ted b* regional fisheries management organizations of %hich it is not a member so as not to undermine those measures/ and e' endeavor not to undermine catch or trade documentation schemes o$erated b* regional fisheries management organizations &6-M5' or arrangements &6-MA' or an international organization that has in its sco$e the management of shared fisheries resources, including straddling and highl* migrator* s$ecies, %here such Part* is not a Member of those organizations or arrangements+ !<+ Consistent %ith Article JJ+2+2 &Publication' of Cha$ter FFF &Trans$arenc*', a Part* shall, to the e(tent $ossible, $rovide other Parties the o$$ortunit* to comment on $ro$osed measures designed to $revent trade in fisheries $roducts resulting from I99 fishing+ Article SS.12 Conservation and Trade
1. The Parties affirm the im$ortance of combating the illegal ta0e!B of, and illegal trade in,

%ild fauna and flora, and ac0no%ledge that such trade undermines efforts to conserve and sustainabl* manage such natural resources, distorts legal trade in %ild fauna and flora, and reduces the economic and environmental value of these natural resources+ 2. Accordingl*, each Part* affirms its commitment to ta0e measures to ensure that international trade of %ild flora and fauna does not threaten the survival of such s$ecies b* im$lementing its obligations under the Convention on International Trade in ;ndangered 8$ecies of =ild -auna and -lora &CIT;8'+!C "+ The Parties commit to $romote conservation and to combat the illegal ta0e of, and illegal trade in, %ild fauna and flora+ To that end, the Parties shall. &a' e(change information and e($eriences on issues of mutual interest related to combating the illegal ta0e of, and illegal trade in, %ild fauna and flora, including combating illegal logging and associated illegal trade, and $romoting the legal trade in associated $roducts/ and &b' underta0e, as a$$ro$riate, )oint activities on conservation issues of mutual interest, including through relevant regional and international fora+ 4+ ;ach Part* further commits to. (a) ta0e a$$ro$riate measures to $rotect and conserve %ild fauna and flora that are at ris0 %ithin its territor*, including measures to conserve the integrit* of designated natural $rotected areas/2

15 The ter ta@e eans captured$ @illed$ or collected$ and 0ith respect to a plant$ also eans harvested$ cut$ logged$ or re oved. 16 #or purposes of this (rticle$ a Party)s :<T=+ obligations shall enco pass those in e/isting or future protocols$ a end ents$ anne/es$ and ad'ust ents to 0hich it is Party1 and a Party)s obligations shall be interpreted to reflect$ a ong other things$ e/isting and future reservations$ e/e ptions and e/ceptions that are applicable to it. 27 (s defined by the Party in its legislation.

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&b' maintain or strengthen government ca$acit* and institutional frame%or0s to $romote sustainable forest management and %ild fauna and flora conservation, and endeavor to enhance $ublic $artici$ation and trans$arenc* therein/ and &c' endeavor to develo$ and strengthen coo$eration and consultation %ith interested non#governmental entities in order to enhance im$lementation of measures to combat the illegal ta0e of or illegal trade in %ild fauna and flora+ A+ In a further effort to combat the illegal ta0e of, and illegal trade in, %ild fauna and flora, including $arts and $roducts thereof, each Part* shall ado$t or maintain a$$ro$riate measures that allo% it to ta0e action to $rohibit the trade, transshi$ment or transaction %ithin its territor* of %ild fauna and flora that, based on credible evidence, %ere ta0en or traded in violation of that Part*?s la% or a foreign la%, the $rimar* $ur$ose of %hich is to conserve, $rotect or manage %ild fauna or flora+ 8uch measures should include sanctions or $enalties at levels %hich act as a deterrent to such trade, transshi$ments or transaction+ <+ The Parties recognize that each Part* retains the right to e(ercise investigator* and enforcement discretion in its im$lementation of $aragra$h A, including b* ta0ing into account in relation to each situation the strength of the available evidence and the seriousness of the sus$ected violation+ In addition, the Parties recognize that in im$lementing $aragra$h A, each Part* retains the right to ma0e decisions regarding the allocation of enforcement resources+ >+ In order to $romote the %idest measure of la% enforcement coo$eration and information sharing among the Parties to combat the illegal ta0e of or illegal trade in %ild fauna and flora, the Parties shall endeavor to identif* o$$ortunities, consistent %ith their res$ective domestic la% and in accordance %ith a$$licable international agreements, to enhance la% enforcement coo$eration and information sharing, for e(am$le b* creating and $artici$ating in la% enforcement net%or0s+ Article SS.13 Environmental /oods and Services !+ The Parties recognize the im$ortance of trade and investment in environmental goods and services as a means of im$roving environmental and economic $erformance and addressing global environmental challenges+ 2+ Accordingl*, each Part* has, consistent %ith its national circumstances, eliminated all customs duties u$on entr* into force of this Agreement on a %ide range of environmental goods and as soon as $ossible on all other environmental goods+ !. -urthermore, in recognition of the im$ortance of environmental services in su$$orting environmental goods trade and delivering benefits in their o%n right, each Part* has, consistent %ith national circumstances, limited its restrictions on trade in environmental services, including environmental service su$$liers, in accordance %ith Cha$ter FF &Investment', Cha$ter FF &Cross 4order Trade in 8ervices', and Cha$ter FF &Tem$orar* ;ntr* for 4usiness Persons'+ 4+ The Committee shall consider issues identified b* Parties related to the trade in environmental goods and services, including issues identified as $otential non#tariff
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barriers to such trade+ The Parties shall endeavor to address an* $otential barriers to trade that ma* be identified b* a Part*, including b* %or0ing through the Committee and in con)unction %ith other relevant TPP Committees, as a$$ro$riate+ A+ The Parties ma* develo$ bilateral and $lurilateral coo$erative $ro)ects on environmental goods and services to address current and future global trade#related environmental challenges+

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E;$ivalenc5 in Scope o" Covera%e !+ 4efore initiating dis$ute settlement under the Agreement for a matter arising under Article 88+" 1effective enforcement obligation and non#derogation3, a Part* &Dthe initiating Part*E' shall consider %hether it maintains environmental la%s that are substantiall* e,uivalent in sco$e to those that %ould be the sub)ect of the dis$ute and e(ercise restraint in ta0ing recourse to dis$ute settlement under this Agreement %ith res$ect to an* la%s for %hich it has no substantiall* e,uivalent obligation+ 2+ =here an initiating Part* has re,uested consultation %ith another Part* &Dthe res$onding Part*E' under Article 88+!2 1;nvironment 2overnment Consultations3 for a matter arising under Article 88+" 1effective enforcement and non#derogation3, and the res$onding Part* considers that the initiating Part* does not maintain environmental la%s that are substantiall* e,uivalent in sco$e to those that %ould be the sub)ect of the dis$ute, the Parties shall discuss the issue during the consultations+

2!