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July 14, 2008

Environmental Compliance

TEIA Agreement

Up TEIA Agreement

Transboundary Environmental Impact Assessments (TEIA) Agreement

The United States, Canada, and Mexico are negotiating a trilateral agreement on TEIA through the North Atlantic Free Trade Agreement (NAFTA) Commission on Environmental Cooperation (CEC).  The CEC deals with a wide range of environmental and natural resource protection issues common to Canada, the United States, and Mexico.   Developing a TEIA process is one of the requirements of the 1991 North American Agreement on Environmental Cooperation. 

For purposes of this agreement, a transboundary environmental impact means any impact on the environment within the area under the jurisdiction of Canada, the United States, or Mexico caused by a proposed project the physical origin of which is situated wholly or in part within the area under the jurisdiction of one of the other of the three countries.   For example, a proposed project on the United States OCS which, because of ocean currents, winds, or proximity to the Mexican coastline, could affect Mexican waters (fishing industry, fish resources, etc.) or the Mexican coastline (oil spill contacts, etc.) would be a project considered to have the potential to cause transboundary environmental impacts. 

The agreement recognizes that there is a significant bilateral nature to many transboundary issues and calls upon the three countries to develop an agreement to:

bulletAssess the environmental impacts of proposed projects in any of the three countries party to the agreement (NAFTA) which would be likely to cause significant adverse transboundary impacts within the jurisdiction of any of the other parties. 

bulletDevelop a system of notification, consultation, and sharing of relevant information between countries with respect to such projects. 

bulletGive consideration to mitigating measures to address the potential adverse effects of such projects.

bulletMaritime Application of the TEIA Agreement

bulletStatus of the TEIA Agreement

For more information, contact Archie Melançon.

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