This agreement is not yet in force. Both the UK and Australia are required to complete their respective domestic procedures for the agreement to come into effect. Once approved by both parliaments, businesses will be able to trade under its terms.
Article 22.1: Definitions
For the purposes of this Chapter:
environmental law means a law or regulation of a Party, or provision
thereof, including any that implements the Partys 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 including
greenhouse gases;
(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
areas,[footnote 1], [footnote 2]
but does not include a law or regulation, or provision thereof, directly
related to worker safety or health, nor any law or regulation, or
provision thereof, the primary purpose of which is managing the
subsistence or aboriginal harvesting of natural resources;
For Australia, law or regulation means 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; and
Article 22.2: 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 domestic 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 environmental measures in a
manner which would constitute a disguised restriction on trade or
investment between the Parties.
Article 22.3: 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
priorities relating to the environment, including climate change, 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. Neither 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.
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 a higher priority.
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. Where a Party has defined environmental law under Article 22.1
(Definitions) to include only laws and regulations at the central level
of government (first Party) and where the other Party (second Party)
considers that an environmental law at the sub-central level of
government of the first Party is not being effectively enforced by the
relevant sub-central level of government through a sustained or
recurring course of action or inaction in a manner affecting trade or
investment between the Parties, the second Party may request a dialogue
with the first Party. The request shall contain information that is
specific and sufficient to enable the first Party to evaluate the matter
at issue, and an indication of how the matter is negatively affecting
trade or investment of the second Party.
8. Nothing in this Chapter shall be construed to empower a Partys
authorities to undertake environmental law enforcement activities in the
territory of the other Party.
Article 22.4: 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.
Article 22.5: Climate Change
1. Each Party affirms its commitment to address climate change,
including under the United Nations Framework Convention on Climate
Change done at New York on 9 May 1992 and the Paris Agreement done at
Paris on 12 December 2015 (Paris Agreement), to which both Parties are
party, and recognises the importance of achieving their goals.
2. The Parties emphasise that efforts to address climate change require
collective and urgent action, and acknowledge the role of global trade
and investment in these efforts.
3. The Parties recognise the important role that cooperation can play
in addressing climate change. Consistent with Article 22.20 (Cooperation
Frameworks), the Parties shall cooperate to address matters of mutual
interest which may include:
(a) emission reduction opportunities across all sectors and greenhouse
gases;
(b) exchange on policies, laws, and measures that can contribute to a
reduction in greenhouse gas emissions;
(c) development and acceleration of cost-effective, low, and zero
emissions technologies;
(d) clean and renewable energy sources and supporting infrastructure
and enabling technologies;
(e) energy efficiency;
(f) sustainable transport and sustainable urban infrastructure
development;
(g) addressing deforestation and forest degradation;
(h) emissions measurement, reporting, and verification;
(i) climate change adaptation and resilience;
(j) nature-based solutions to mitigate and adapt to the impacts of
climate change; and
(k) capacity building and development assistance for climate
vulnerable countries.
Article 22.6: Environmental Goods and Services
1. The Parties recognise the importance of trade and investment in
environmental goods and services as a means of improving environmental
and economic performance, contributing to clean growth, and addressing
global environmental challenges.
2. Accordingly, each Party shall facilitate and promote, as
appropriate, trade and investment in environmental goods and services,
including environmental and low emissions technologies, clean and
renewable energy and enabling infrastructure, and energy efficient goods
and services.
3. The Environment Working Group shall consider issues identified by a
Party or the Parties related to trade in environmental goods and
services, including issues identified as potential non-tariff barriers
to that trade. The Parties shall endeavour to address any potential
barrier to trade in environmental goods and services that may be
identified by a Party, including by working through the Environment
Working Group and in conjunction with other relevant committees
established under this Agreement, as appropriate.
4. The Parties shall cooperate bilaterally and in international fora,
as appropriate, on ways to enhance trade and investment in environmental
goods and services.
Article 22.7: Circular Economy
1. The Parties recognise the importance of a transition towards a
circular economy and the role that waste avoidance and greater resource
efficiency can play in reducing pressure on the natural environment,
improving resource security, and reducing other associated negative
environmental effects arising from the use of materials throughout their
lifecycle. The Parties further recognise the role that trade can play in
achieving these goals through trade in second-hand goods, end-of-life
products, secondary materials, processed waste, as well as trade in
related services.
2. The Parties recognise the importance of avoiding the generation of
waste and encouraging the reuse of products and resource efficient
product design, including the designing of products to be easier to
reuse, dismantle, or recycle at end of life. The Parties also recognise
the importance of encouraging environmental labelling, including
eco-labelling, to make it easier for consumers to make more sustainable
choices.
3. Consistent with Article 22.20 (Cooperation Frameworks), the Parties
shall cooperate to address matters of mutual interest related to the
transition towards a circular economy. Areas of cooperation may include:
(a) barriers to trade in relation to the circular economy;
(b) environmental labelling, including eco-labelling;
(c) sustainable supply chain management, including enhanced reverse
logistics;
(d) investment in, and financing of, circular economy projects;
(e) reuse, repair, remanufacture, and recycling;
(f) resource efficient product design that makes products more durable
and easier to repair, recycle, and reuse;
(g) extended producer responsibility;
(h) technological innovation related to the circular economy including
innovative approaches to recycling and litter reduction, processing
waste, waste tracking mechanisms, data collection, sustainable plastic
packaging, and alternative materials;
(i) best practice in resource efficiency in key fields such as
industrial symbiosis, sustainable use of chemicals and plastics, and new
business models such as product service systems;
(j) approaches to reducing the amount of waste sent to landfill and
accelerating the movement of waste further up the waste hierarchy; and
(k) best practice on sustainable management of hazardous wastes.
Article 22.8: Ozone Depleting Substances and Hydrofluorocarbons
1. The Parties recognise that emissions of certain substances can
significantly deplete and otherwise modify the ozone layer in a manner
that is likely to result in adverse effects on human health and the
environment, and that the reduction of certain substances can address
global environmental challenges, including climate change. Accordingly,
each Party shall take measures to control the production and consumption
of, and trade in, substances controlled by the Montreal Protocol.[footnote 3],
[footnote 4], [footnote 5]
2. The Parties also recognise the importance of public participation
and consultation, in accordance with their respective law or policy, in
the development and implementation of measures concerning the protection
of the ozone layer. Each Party shall make publicly available appropriate
information about its programmes and activities, including cooperative
programmes, that are related to ozone depleting substances and
hydrofluorocarbons.
3. Consistent with 22.20 (Cooperation Frameworks), the Parties shall
cooperate to address matters of mutual interest related to
ozone-depleting substances and hydrofluorocarbons. Cooperation may
include exchanging information and experiences in areas related to:
(a) environmentally friendly alternatives to ozone-depleting
substances and hydrofluorocarbons, as well as emerging technologies for
sustainable cooling and refrigeration;
(b) refrigerant management practices, policies, and programmes
including lifecycle management of coolants and refrigerants;
(c) methodologies for stratospheric ozone measurements;
(d) combating illegal trade in ozone-depleting substances and
hydrofluorocarbons; and
(e) barriers to trade in, and uptake of, sustainable cooling and
refrigeration technologies.
Article 22.9: Air Quality
1. The Parties acknowledge that trade involving production,
consumption, and transportation of goods across air, sea and land can
cause air pollution and that air pollution can travel long distances and
recognise the importance of reducing domestic and transboundary air
pollution, and that cooperation can be beneficial in achieving these
objectives.
2. The Parties recognise the importance of public participation and
consultation in accordance with their respective law or policy in the
development and implementation of measures to reduce domestic and
transboundary air pollution and in ensuring access to air quality data.
3. Consistent with Article 22.20 (Cooperation Frameworks) the Parties
shall cooperate to address matters of mutual interest with respect to
air quality, which may include:
(a) ambient air quality planning;
(b) modelling and monitoring, including spatial distribution of main
sources and their emissions;
(c) measurement and inventory methodologies for air quality and
emissions measurements; and
(d) reduction, control, and prevention technologies and practices.
Article 22.10: Protection of the Marine Environment from Ship Pollution
1. The Parties recognise the importance of protecting and preserving
the marine environment. To that end, each Party shall take measures to
prevent the pollution of the marine environment from
ships.[footnote 6],[footnote 7],[footnote 8]
2. The Parties also recognise the importance of public participation
and consultation, in accordance with their respective law or policy, in
the development and implementation of measures to prevent the pollution
of the marine environment from ships. Each Party shall make publicly
available appropriate information about its programmes and activities,
including cooperative programmes, that are related to the prevention of
pollution of the marine environment from ships.
3. Consistent with Article 22.20 (Cooperation Frameworks), the Parties
shall cooperate to address matters of mutual interest with respect to
pollution of the marine environment from ships. Areas of cooperation may
include:
(a) accidental pollution from ships;
(b) pollution from routine operations of ships;
(c) deliberate pollution from ships;
(d) development of technologies to minimise ship-generated waste;
(e) emissions from ships;
(f) adequacy of port waste reception facilities;
(g) increased protection in special geographic areas; and
(h) enforcement measures including notifications to flag States and,
as appropriate, by port States.
Article 22.11: Marine Litter
1. The Parties acknowledge that trade is a source of marine litter and
the importance of taking action to prevent and reduce marine litter,
including plastics and microplastics, in order to preserve marine and
coastal ecosystems, prevent the loss of biodiversity, and mitigate
marine litters costs and impacts.
2. Recognising the global nature of the challenge of marine litter, the
Parties acknowledge the importance of maintaining measures under their
environmental laws and policies to prevent and reduce marine litter and
taking action to address marine litter in other fora.
3. Accordingly, the Parties shall cooperate to address matters of
mutual interest with respect to combatting marine litter, which may
include:
(a) addressing land and sea based pollution;
(b) promoting waste management infrastructure;
(c) advancing efforts related to abandoned, lost, or otherwise
discarded fishing gear; and
(d) circular economy and waste management hierarchy measures relevant
to addressing marine litter.
Article 22.12: Marine Wild Capture Fisheries[footnote 9]
1. The Parties acknowledge their role as major consumers, producers and
traders of fisheries products, and the importance of the marine
fisheries sector to their development and to the livelihoods of their
fishing communities, including artisanal or small-scale fisheries. The
Parties also acknowledge that the fate of marine capture fisheries is an
urgent resource problem facing the international community. Accordingly,
the Parties recognise the importance of taking measures aimed at the
conservation and the sustainable management of fisheries.
2. In this regard, the Parties acknowledge that inadequate fisheries
management, fisheries subsidies that contribute to overfishing and
overcapacity, and illegal, unreported, and unregulated (IUU)
fishing[footnote 10] can have significant negative impacts on trade, development
and the environment, and recognise the need for individual and
collective action to address the problems of overfishing and
unsustainable utilisation of fisheries resources, with appropriate
consideration of the rights of coastal States to fisheries resources and
the obligations of coastal States, flag States and port States in
managing fishing activity.
3. Accordingly, each Party shall operate a fisheries management system
that regulates marine wild capture fishing and that is designed to:
(a) prevent overfishing and overcapacity;
(b) reduce bycatch of non-target species and juveniles, including
through the regulation of fishing gear that results in bycatch and the
regulation of fishing in areas where bycatch is likely to occur; and
(c) promote the recovery of overfished stocks for all marine fisheries
in which that Partys persons conduct fishing activities.
Such a management system shall be based on the best scientific evidence
available and on internationally recognised best practices for fisheries
management and conservation as reflected in the relevant provisions of
international instruments aimed at ensuring the sustainable use and
conservation of marine species.[footnote 11]
4. Each Party shall promote the long-term conservation of sharks,
marine turtles, seabirds, and marine mammals, through the implementation
and effective enforcement of conservation and management measures. Those
measures should include, as appropriate:
(a) for sharks, the collection of species-specific data, fisheries
bycatch mitigation measures, catch limits, and finning prohibitions; and
(b) for marine turtles, seabirds, and marine mammals: fisheries
bycatch mitigation measures, conservation and relevant management
measures, prohibitions, and other measures in accordance with relevant
international agreements to which the Party is party.
5. The Parties recognise that the implementation of a fisheries
management system that is designed to prevent overfishing and
overcapacity and to promote the recovery of overfished stocks must
include the control, reduction, and eventual elimination of all
subsidies that contribute to overfishing and overcapacity. To that end,
neither Party shall grant or maintain any of the following
subsidies[footnote 12] within the meaning of Article 1.1 of the SCM Agreement
that are specific within the meaning of Article 2 of the SCM Agreement:
(a) subsidies for fishing[footnote 13] that negatively affect[footnote 14] fish stocks
that are in an overfished[footnote 15] condition; and
(b) subsidies provided to any fishing vessel[footnote 16] while listed by the
flag State or a relevant Regional Fisheries Management Organisation or
Arrangement for IUU fishing in accordance with the rules and procedures
of that organisation or arrangement and in conformity with international
law.
6. Subsidy programmes that are established by a Party before the date
of entry into force of this Agreement for that Party and which are
inconsistent with paragraph 5(a) shall be brought into conformity with
that paragraph as soon as possible and no later than three years of the
date of entry into force of this Agreement for that Party.
7. In relation to subsidies that are not prohibited by paragraph 5(a)
or 5(b), and taking into consideration a Partys social and
developmental priorities, including food security concerns, each Party
shall make best efforts to refrain from introducing new, or extending,
or enhancing existing subsidies within the meaning of Article 1.1 of the
SCM Agreement, to the extent they are specific within the meaning of
Article 2 of the SCM Agreement, that contribute to overfishing or
overcapacity.
8. With a view to achieving the objective of eliminating subsidies that
contribute to overfishing and overcapacity, the Parties shall review the
disciplines in paragraph 5 through existing channels, as appropriate.
9. Each Party shall also provide, to the extent possible, information
in relation to other fisheries subsidies that the Party grants or
maintains that are not covered by paragraph 5, in particular fuel
subsidies.
10. A Party may request information from the other Party regarding
fisheries subsidies notifications provided in accordance with WTO data
reporting requirements. The notifying Party shall respond to that
request as quickly as possible and in a comprehensive manner.
11. The Parties recognise the importance of concerted international
action to address IUU fishing as reflected in regional and international
instruments[footnote 17] and shall endeavour to improve cooperation
internationally in this regard, including with and through competent
international organisations.
12. In support of efforts to combat IUU fishing practices and to help
deter trade in products from species harvested from those practices,
each Party shall:
(a) cooperate with the other Party to identify needs and to build
capacity to support the implementation of this Article;
(b) support monitoring, control, surveillance, compliance, and
enforcement systems, including by adopting, reviewing, or revising, as
appropriate, measures to:
(i) deter vessels that are flying its flag[footnote 18] and its nationals from
engaging in IUU fishing activities; and
(ii) address the transhipment at sea of fish or fish products caught
through IUU fishing activities; and
(c) implement port State measures, including through actions
consistent with the Port State Measures Agreement;[footnote 19]
(d) strive to act consistently with relevant conservation and
management measures adopted by Regional Fisheries Management
Organisations of which it is not a member so as not to undermine those
measures; and
(e) endeavour not to undermine catch or trade documentation schemes
operated by Regional Fisheries Management Organisations or Arrangements
or an intergovernmental organisation whose scope includes the management
of shared fisheries resources, including straddling and highly migratory
species, where that Party is not a member of those organisations or
arrangements.
13. Consistent with Article 28.2 (Publication Transparency and
Anti-Corruption), a Party shall, to the extent possible, provide the
other Party with the opportunity to comment on proposed measures that
are designed to prevent trade in fisheries products that result from IUU
fishing.
Article 22.13: Sustainable Forest Management and Trade
1. The Parties recognise the importance of conservation and sustainable
forest management, including in relation to addressing climate change
and reducing biodiversity loss, and the role of trade in pursuing this
objective. The Parties acknowledge their role as major consumers,
producers, and traders of forest products and the importance of the
forest sector to the development and livelihood of communities and
indigenous peoples.
2. The Parties recognise the importance of:
(a) the sustainable management of forests for providing environmental,
economic, and social benefits for present and future generations;
(b) halting deforestation and forest degradation, including with
respect to trade in commodities related to those activities;
(c) trade in forest products harvested from sustainably managed
forests and in accordance with the law of the country of harvest; and
(d) taking measures that contribute to combatting illegal logging and
related trade and to promoting trade in legally harvested forest
products.
3. Accordingly, each Party shall take measures to combat illegal
logging and related trade.
4. The Parties recognise that some forest products, when sourced from
sustainably managed forests and used appropriately, can store carbon and
avoid greenhouse gas emissions in other sectors and thus contribute
toward achieving global environmental objectives.
5. Each Party shall:
(a) cooperate and exchange information, as appropriate, on the
implementation of measures that contribute to combatting illegal logging
and related trade, including with respect to third countries; and
(b) cooperate bilaterally and in multilateral fora, as appropriate, on
opportunities to halt deforestation and forest degradation, and the
trade in commodities related to those activities, to reduce biodiversity
loss, and to address other sustainable forest management and trade
matters.
Article 22.14: Trade and Biodiversity
1. The Parties recognise the importance of conservation and sustainable
use of biodiversity, including marine biodiversity, and their key role
in achieving sustainable development.
2. Accordingly, each Party shall promote and encourage the conservation
and sustainable use of biological diversity, in accordance with its law
and policy.
3. The Parties recognise the importance of respecting, preserving, and
maintaining knowledge and practices of indigenous and local communities
embodying traditional lifestyles that contribute to the conservation and
sustainable use of biological diversity.
4. The Parties recognise the importance of facilitating access to
genetic resources within their respective domestic jurisdictions,
consistent with each Partys international obligations. The Parties
further recognise that each Party may require, through domestic
measures, prior informed consent to access those genetic resources in
accordance with domestic measures and, where such access is granted, the
establishment of mutually agreed terms, including with respect to
sharing of benefits from the use of those genetic resources, between
users and providers.
5. The Parties also recognise the importance of public participation
and consultation, in accordance with their respective law and policy, in
the development and implementation of measures concerning the
conservation and sustainable use of biological diversity. Each Party
shall make publicly available information, about its programmes and
activities, including cooperative programmes, related to the
conservation and sustainable use of biological diversity.
6. Consistent with Article 22.20 (Cooperation Frameworks), the Parties
shall cooperate on matters of mutual interest. Cooperation may include
exchanging information and experiences in areas related to:
(a) the conservation and sustainable use of biodiversity;
(b) the protection and maintenance of ecosystems and ecosystem
services, including marine ecosystems;
(c) access to genetic resources and the sharing of benefits arising
from their utilisation;
(d) embedding biodiversity considerations into policies, strategies,
and practices of public and private actors in relevant sectors; and
(e) safeguarding wild and managed pollinators, and promoting the
sustainable use of pollination services.
Article 22.15: Invasive Alien Species
1. The Parties recognise that the movement of terrestrial and aquatic
invasive alien species across borders through trade-related pathways can
adversely affect the environment, economic activities and development,
and plant, animal, and human health. The Parties also recognise that the
prevention, surveillance, detection, control, and, when possible,
eradication, of invasive alien species are critical strategies for
managing those adverse impacts.
2. Accordingly, the Parties shall identify cooperative opportunities to
share information and management experiences on the movement,
prevention, detection, control, and eradication of invasive alien
species, with a view to enhancing efforts to assess and address the
risks and adverse impacts of invasive alien species.
Article 22.16: Conservation and Illegal Wildlife Trade
1. The Parties affirm the importance of combating the illegal take[footnote 20]
of, and illegal trade in, wild fauna and flora, and acknowledge that
this trade undermines efforts to conserve and sustainably manage those
natural resources, has social consequences, distorts legal trade in wild
fauna and flora, and reduces the economic and environmental value of
these natural resources.
2. Accordingly, the Parties affirm their commitment to implement the
Convention on International Trade in Endangered Species of Wild Fauna
and Flora done at Washington D.C. on 3 March 1973 (CITES).[footnote 21]
3. The Parties commit to promote conservation and to combat the illegal
take of, and illegal trade in, wild fauna and flora. To that end, the
Parties shall:
(a) exchange information and experiences on issues of mutual interest
related to combating the illegal take of, and illegal trade in, wild
fauna and flora, including combating illegal logging and associated
illegal trade, and promoting the legal trade in associated products;
(b) undertake, as appropriate, joint activities on conservation issues
of mutual interest, including through relevant regional and
international fora; and
(c) endeavour to implement, as appropriate, CITES resolutions that aim
to protect and conserve species whose survival is threatened by
international trade.
4. Each Party further commits to:
(a) take appropriate measures to protect and conserve wild fauna and
flora that it has identified to be at risk within its territory,
including measures to conserve the ecological integrity of specially
protected natural areas, for example wetlands;
(b) maintain or strengthen government capacity and institutional
frameworks to promote sustainable forest management and wild fauna and
flora conservation, and endeavour to enhance public participation and
transparency in these institutional frameworks; and
(c) endeavour to develop and strengthen cooperation and consultation
with interested non-governmental entities in order to enhance
implementation of measures to combat the illegal take of, and illegal
trade in, wild fauna and flora.
5. In a further effort to address the illegal take of, and illegal
trade in, wild fauna and flora, including parts and products thereof,
each Party shall take measures to combat, and cooperate to prevent, the
trade of wild fauna and flora that, based on credible evidence[footnote 22],
were taken or traded in violation of that Partys laws and regulations,
the primary purpose of which is to conserve, protect, or manage wild
fauna or flora. Such measures shall include sanctions, penalties, or
other effective measures, including administrative measures, that can
act as a deterrent to such trade. In addition, each Party shall
endeavour to take measures to combat the trade of wild fauna and flora
transhipped through its territory that, based on credible evidence, were
illegally taken or traded.
6. The Parties recognise that each Party retains the right to exercise
administrative, investigatory, and enforcement discretion in its
implementation of paragraph 5, including by taking into account in
relation to each situation the strength of the available evidence and
the seriousness of the suspected violation. In addition, the Parties
recognise that in implementing paragraph 5, each Party retains the right
to make decisions regarding the allocation of administrative,
investigatory, and enforcement resources.
7. In order to promote the widest measure of law enforcement
cooperation and information sharing between the Parties to combat the
illegal take of, and illegal trade in, wild fauna and flora, the Parties
shall endeavour to identify opportunities, consistent with their
respective laws and regulations, and in accordance with applicable
international agreements, to enhance law enforcement cooperation and
information sharing, for example by creating and participating in law
enforcement networks.
8. The Parties recognise the importance of continuing efforts to combat
the illegal trade in wildlife, including ivory, and the importance of
appropriate regulation of domestic wildlife markets worldwide, including
markets for ivory and goods containing ivory, that are contributing to
poaching or illegal trade. Accordingly, the Parties shall cooperate as
appropriate to support non-party efforts to introduce and implement
domestic controls on the take and trade in wildlife, and on markets for
ivory and goods containing ivory, that are contributing to poaching or
illegal trade.
Article 22.17: Corporate Social Responsibility
Each Party should encourage enterprises operating within its territory
or jurisdiction, to adopt voluntarily, into their policies and
practices, principles of corporate social responsibility that are
related to the environment, consistent with internationally recognised
standards and guidelines that have been endorsed or are supported by
that Party.
Article 22.18: Opportunities for Public Participation
1. Each Party shall seek to accommodate requests for information
regarding the Partys implementation of this Chapter.
2. Each Party shall make use of existing, or establish new,
consultative mechanisms, for example domestic advisory committees, to
seek views on matters related to the implementation of this Chapter.
These mechanisms may include persons with relevant experience, as
appropriate, including experience in business, natural resource
conservation and management, or other environmental matters.
Article 22.19: Public Submissions
1. Each Party shall provide for the receipt and consideration of
written submissions from persons of that Party regarding its
implementation of this Chapter in accordance with its domestic
procedures. Each Party shall make readily accessible and publicly
available its procedures for the receipt and consideration of written
submissions.
2. A Party may provide in its procedures that a submission should:
(a) raise an issue directly relevant to this Chapter;
(b) clearly identify the person or organisation making the submission;
and
(c) explain, to the degree possible, how and to what extent the issue
raised affects trade or investment between the Parties.
3. Each Party shall consider matters raised by the submission and
provide a timely response to the submitter, including in writing as
appropriate.
Article 22.20: Cooperation Frameworks
1. The Parties recognise the importance of cooperation as a mechanism
to implement this Chapter, to enhance its benefits and to strengthen the
Parties joint and individual capacities to protect the environment and
to promote sustainable development and clean growth as they strengthen
their trade and investment relations.
2. Accordingly, the Parties shall cooperate as appropriate on the
matters identified in this Chapter. Such cooperation may take place
bilaterally and in international fora.
3. Each Party may:
(a) share its priorities for cooperation with the other Party,
including the objectives of that cooperation;
(b) propose cooperation activities related to the implementation of
this Chapter; and
(c) develop and participate in cooperation activities and programmes
as agreed by the Parties.
4. Cooperation may be undertaken through various means including:
dialogue, workshops, seminars, conferences, collaborative programmes,
and projects; technical assistance to promote and facilitate cooperation
and training, the sharing of information, data, and evidence based
practices on policies and procedures; and the exchange of experts.
5. Each Party may promote public participation in the development and
implementation of cooperative activities, as appropriate.
6. All cooperative activities under this Chapter are subject to the
availability of funds and of human and other resources, and to the
applicable laws and regulations of the Parties. The Parties shall
decide, on a case-by-case basis, the funding of cooperative activities.
Article 22.21: Environment Working Group
1. The Parties hereby establish an Environment Working Group (the
Working Group) composed of official level representatives, as
designated by each Party.
2. The Working Group shall meet within one year of the date of entry
into force of this Agreement. Thereafter, the Working Group shall meet
at least every two years, unless the Parties decide otherwise.
3. The purpose of the Working Group is to oversee the implementation of
this Chapter and its functions shall be to:
(a) review and monitor the implementation and operation of the
provisions of this Chapter;
(b) provide a forum to seek solutions to resolve differences between
the Parties as to the interpretation or application of this Chapter;
(d) coordinate with other committees, working groups, and any other
subsidiary bodies established under this Agreement as appropriate;
(e) perform any other functions as the Parties may decide.
4. The Working Group shall be jointly chaired and shall produce an
agreed record of its meetings, including decisions and next steps and,
as appropriate, report to the Joint Committee.
Article 22.22: Environment Contact Points
Each Party shall designate and notify a contact point from its relevant
authorities within 90 days of the date of entry into force of this
Agreement in order to facilitate communication between the Parties in
the implementation of this Chapter. Each Party shall promptly notify the
other Party in the event of any change to its contact point.
Article 22.23: Environment Consultations
1. The Parties shall at all times endeavour to agree on the
interpretation and application of this Chapter, and shall make every
effort through dialogue, consultation, exchange of information and, if
appropriate, cooperation to address any matter that might affect the
operation of this Chapter.
2. A Party (the requesting Party) may request consultations with the
other Party (the responding Party) regarding any matter arising under
this Chapter by delivering a written request to the responding Partys
contact point. The requesting Party shall include information that is
specific and sufficient to enable the responding Party to respond,
including identification of the matter at issue and an indication of the
legal basis for the request.
3. Before a Party requests consultations under this Article for a
matter arising under paragraph 4 or paragraph 6 of Article 22.3 (General
Commitments), that Party shall consider whether it maintains
environmental laws that are substantially equivalent in scope to the
environmental laws that would be the subject of the dispute and shall
identify and notify those laws to the responding Party. The Parties
shall take this issue into account during the consultations.
4. Unless the Parties agree otherwise, they shall enter into
consultations promptly, and no later than 30 days after the date of
receipt by the responding Party of the request.
5. The Parties shall make every effort to arrive at a mutually agreed
solution to the matter, which may include appropriate cooperative
activities. The Parties may seek advice or assistance from any person or
body they deem appropriate in order to examine the matter.
6. Consultations pursuant to this Article, Article 22.24 (Joint
Committee Consultations) and Article 22.25 (Ministerial Consultations)
may be held in person or by any technological means available as agreed
by the Parties.
7. Consultations pursuant to this Article, Article 22.24 (Joint
Committee Consultations) and Article 22.25 (Ministerial Consultations),
and in particular, positions taken by the Parties during consultations,
shall be confidential and without prejudice to the rights of either
Party in any further or other proceedings.
Article 22.24: Joint Committee Consultations
1. If the Parties have failed to resolve the matter under Article 22.23
(Environment Consultations), either Party may request that the Joint
Committee convene to consider the matter by delivering a written request
to the contact point of the other Party.
2. The Joint Committee shall promptly convene following the delivery of
the request, and shall seek to resolve the matter including, if
appropriate, by gathering relevant scientific and technical information
from governmental or non-governmental experts.
Article 22.25: Ministerial Consultations
If the Parties have failed to resolve the matter under Article 22.24
(Joint Committee Consultations), either Party may refer the matter to
the relevant Ministers of the Parties by delivering a written request to
the contact point of the other Party. The relevant Ministers shall seek
to resolve the matter.
Article 22.26: Dispute Resolution
1. If the Parties have failed to resolve the matter under Article 22.23
(Environment Consultations), Article 22.24 (Joint Committee
Consultations) and Article 22.25 (Ministerial Consultations), within 120
days after the date of receipt of a request under Article 22.23
(Environment Consultations), or any other period as the Parties may
agree, the requesting Party may request consultations under Article 30.7
(Consultations Dispute Settlement) or request the establishment of a
panel under Article 30.8 (Request for Establishment of a Panel
Dispute Settlement).
2. In addition to the requirements set out in subparagraph 1(a) of
Article 30.10 (Qualification of Panellists), for a dispute arising under
this Chapter panellists other than the chair shall have sufficient
expertise or experience in environmental law or practice.
ANNEX 22.A
For Australia, the Ozone Protection and Synthetic Greenhouse Gas
Management Act 1989.
For the United Kingdom, Regulation (EC) 1005/2009 as it applies in
Great Britain as retained EU law and as it applies in Northern Ireland
directly, and Regulation (EU) 517/2014 as it applies in Great Britain as
retained EU law, and as it applies in Northern Ireland directly. As
amended by The Ozone-Depleting Substances and Fluorinated Greenhouse
Gases (Amendment Act) (EU Exit) Regulations 2019 and 2020.
ANNEX 22.B
For Australia, the Protection of the Sea (Prevention of Pollution
from Ships) Act 1983 and the Navigation Act 2012.
For the United Kingdom, the Merchant Shipping Act 1995 and
regulations made under the Act.
