FAQ

It corresponds to those States that signed the Trade Promotion Agreement: that is, the United States of America and the Republic of Colombia.

Environmental legislation means any law or regulation of a Party, or provisions thereof, the primary purpose of which is the protection of the environment or the prevention of a danger to human, animal or plant life or health by:

1. The prevention, abatement, or control of the release, discharge, or emission of pollutants or environmental contaminants
2. The control of environmentally hazardous or toxic chemicals, substances, materials, and wastes, and the dissemination of information related thereto.
3. The protection or conservation of wild flora or fauna, including endangered species, their habitat, and specially protected natural areas.

For the United States, statute or regulation means an act of Congress or regulation promulgated pursuant to an act of Congress that is enforceable by action of the central level of government.

For Colombia, statute or regulation means a law of Congress or Decree or Resolution promulgated by the central level of government to implement a law of Congress that is enforceable by action of the central level of government.

One of the requirements for the Secretariat to consider a Submission filed is that the submitter is clearly identified. However, the Secretariat shall not furnish to the public or allow public Access to any information it may receive:

1. That its submitter has identified as confidential in accordance with the procedures the Council establishes for protecting confidential information.
2. That is not otherwise publicly available.
3. The disclosure of which could reveal:
   • The submitter’s identity and subject the submitter to serious reprisal, or
   • Business or proprietary information.

The Secretariat was created by the Trade Promotion Agreement between Colombia and the United States of America. It is responsible for receiving and considering requests alleging that either country (Colombia or the United States of America) is not effectively complying with its environmental legislation. For this reason, a procedure for requests was established, described in Articles 18.8 y 18.9 of the Trade Promotion Agreement.

The detailed procedure is found in the Trade Promotion Agreement in articles 18.8(Submissions on Enforcement Matters) and 18.9(Factual Records and Related Cooperation) Additionally, you can find an infographic that explains part of the process here.

Any person or company from Colombia or the United States can present a submission stating that Colombia or the United States are not complying with its environmental legislation.

A company of a Party includes a constituted non-governmental organization established under the legislation of a Party.

Under Article 18.8of the Agreement, a United States citizen who asserts that said country is not effectively enforcing its environmental laws may not file a communication with the Secretary, but may file such a submission with the Commission for Environmental Cooperation established under the North American Agreement on Environmental Cooperation.

It must meet at least the requirements contained in numeral 2 of the Article 18.8 of the Trade Promotion Agreement, and are:

• Is in writing in either English or Spanish
• Clearly identifies the person making the submission
• Clearly identify the applicant
• provides sufficient information to allow the secretariat to review the submission, including any documentary evidence on which the submission may be based and identification of the environmental laws of which the failure to enforce is asserted
• Appears to be aimed at promoting enforcement rather than at harassing industry
• Indicates that the matter has been communicated in writing to the relevant authorities of the Party and indicates the Party’s response
• Is filed by a person of a Party, except as provided in paragraph three.

Yes, the applicant must be a citizen, however, NGOs or companies that have been incorporated under the regulation of one of the Parties may also make submissions.

The Trade Promotion Agreement does not list exhaustively the documents that must accompany the application as evidence of the facts described, especially since each case is different. However, under the provisions of the Trade Promotion Agreement, it is important that the documentation be sufficient to support and analyze the application.

The documentation may be public or private, and may even be news clippings from the media.

No, the Secretariat must remain independent, given it is responsible for drafting the documents and making decisions within the process. However, if a person needs advice on presenting a submission, the Secretariat can direct them to universities or other entities that can advise them on how to meet the requirements; the Secretariat will then proceed to review the application.

An applicant must always first attempt to get resolution from the administrative competent authorities to address the alleged non-compliance. This, in accordance with what is established in literal c of numeral 4 of the Article 18.8 of the Trade Agreement.

The Trade Promotion Agreement, in article 18, included a chapter on the environment, with the aim of contributing to the efforts of the parties to ensure that trade and environmental policies are mutually supportive, promoting the optimal use of resources allocated to the Trade Agreement and thus achieving sustainable development and making efforts to strengthen the links between the trade and environmental policies and practices of the parties, achieving a place through environmental cooperation and collaboration.