29jan87: Annex I Agreement USA-MEX Border Sanitation San Diego

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Annexes to US-Mexico Agreement on Cooperation Protection Improvement Border Area Environment

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January 29, 1987

ANNEX I TO THE AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE UNITED MEXICAN STATES ON COOPERATION FOR THE PROTECTION AND IMPROVEMENT OF THE ENVIRONMENT IN THE BORDER AREA

AGREEMENT OF COOPERATION BETWEEN THE UNITED STATES OF AMERICA AND THE UNITED MEXICAN STATES FOR SOLUTION OF THE BORDER SANITATION PROBLEM AT SAN DIEGO, CALIFORNIA - TIJUANA, BAJA CALIFORNIA

Taking note of the extensive discussions held in the last two years between the Governments of the United States of America and the United Mexican States regarding the border sanitation problems in San Diego, California, and Tijuana, Baja California, and cognizant of the obligations adopted by both governments in approving Minute 270 of the International Boundary and Water Commission, United States and Mexico (IBWC), signed April 30, 1985 in Ciudad Juarez, Chihuahua, and the special conditions and recommendations adopted on March 6, 1985 by the Inter-American Development Bank in its loan to the Banco Nacional de Obras y Servicios Públicos, S.A. for the expansion and improvement of the potable water supply and sewage systems of Tijuana (Document PR-1414), the Governments of the United States of America and the United Mexican States have agreed as follows:

I. That, as provided in Articles 6 and 7 of the Agreement on Cooperation for the Protection and Improvement of the Environment in the Border Area, and noting Paragraph 7 of the special conditions and recommendations adopted on March 6, 1985 by the Inter-American Development Bank in its loan to the Banco Nacional de Obras y Servicios Públicos, S A for the expansion and improvement of the potable water supply and sewage systems of Tijuana (Document PR-1414), the United States of America and the United Mexican States agree to cooperate in accordance with their prevailing national legislation in order to anticipate and consider the effects and consequences that the works planned may have on environmental conditions in the Tijuana-San Diego zone and, if necessary, agree on a determination of the measures necessary to preserve environmental conditions and ecological processes.

2. That the two governments will hold periodically bilateral consultations through the IBWC in order to address the concerns of both Parties regarding Mexico's plans for the construction of the waste-water treatment facilities included in the second stage of the integrated project.

3. That, as agreed upon in Minute 270, in case of breakdown or interruption in service of the system, Mexico will take special measures to make immediate repairs and, if Mexico so requests through the IBWC, the United States Section will be responsible for making arrangements so that its country can provide assistance to Mexico in order to ensure that the repairs are carried out immediately through the IBWC and under its supervision.

4. That the two governments will consult immediately on any matter brought to their attention as a result of the joint monitoring of the construction, operation and maintenance of the disposal and treatment facilities conducted by both Sections of the IBWC in accordance with Article 2 of the l944 Water Treaty and Resolution No. 10 of IBWC Minute 270, with a view to taking timely corrective action.

5. Should there develop, despite the best efforts of both parties, sewage spills from Tijuana into the United States, the National Coordinators will consider additional joint actions or measures which each might take in their respective territories to remedy the situation.

Done at San Diego on this 18th day of July, 1985 in duplicate, in the English and Spanish languages, both texts being equally authentic.

For the United States of America:

For the United Mexican States:

ANNEX II TO THE AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE UNITED MEXICAN STATES ON COOPERATION FOR THE PROTECTION AND IMPROVEMENT OF THE ENVIRONMENT IN THE BORDER AREA

AGREEMENT OF COOPERATION BETWEEN THE UNITED STATES OF AMERICA AND THE UNITED MEXICAN STATES REGARDING POLLUTION OF THE ENVIRONMENT ALONG THE INLAND INTERNATIONAL BOUNDARY BY DISCHARGES OF HAZARDOUS SUBSTANCES

The Government of the United States of America and the Government of the United Mexican States;

In recognition of Article 3 of the Agreement between the United States of America and the United Mexican States on Cooperation for the Protection and Improvement of the Environment ln the Border Area;

Aware of the importance of preserving the environment along the joint inland international boundary;

Recognizing that pollution by hazardous substances causes or may cause damage to the environment along the joint inland boundary and may constitute a threat to the public health and welfare;

Have agreed as follows:

ARTICLE I For the purpose of this Agreement:

(a) "A polluting accident" means a discharge or the threat of a discharge of any hazardous substance on one side of the inland international boundary of a magnitude which causes, or threatens to cause, imminent and substantial adverse effects on the public health, welfare, or the environment.

(b) "Environment" means the atmosphere, land, and surface and ground water, including the natural resources therein, such as fish, wildlife, forests, crop and rangeland, rivers, streams, aquifiers and all other components of the ecosystem.

(c) "Hazardous substances" means elements and compounds which if discharged present or may present an imminent and substantial danger to the public health, welfare or the environment according to the laws of each party and the determination of the Joint Response Team (JRT). The JRT and its responsibilities are defined in Appendix II.

(d) "Border area along the joint inland international boundary" means the non-maritime area which is the area situated 100 km on either side of the inland international boundary.

ARTICLE II The Parties agree to establish the "United States-Mexico Joint Contingency Plan" (hereafter, "The Plan") regarding polluting incidents of the border area along the joint inland international boundary by discharges of hazardous substances. The object of the Plan is to provide cooperative measures to deal effectively with polluting incidents.

ARTICLE III The Parties, consistent with their means, commit themselves to the development of response plans designed to permit detection of the existence or the imminent possibility of the occurrence of polluting incidents, within their respective areas and to provide adequate response measures to eliminate to the extent possible the threat posed by such incidents and to minimize any adverse effects on the environment and the public health and welfare.

ARTICLE IV The coordinating authority for the Plan for the United States of America is the United States Environmental Protection Agency. The coordinating authority for the Plan for the United Mexican States is the Secretaría de Desarrollo Urbano y Ecología.

ARTICLE V The Parties will consult and exchange up-to-date information under the Plan.

ARTICLE VI A joint response with respect to a polluting incident will be implemented upon agreement of the Parties in accordance with the plan. When a joint response is implemented, the measures necessary to respond to the polluting incident will also be determined by agreement of the Parties in accordance with the Plan.

ARTICLE VII Nothing in this Agreement shall be construed to prejudice other existing or future Agreements concluded between the two Parties, or affect the rights and obligations of the Parties under international agreements to which they are a party.

Nothing in this Agreement shall prejudice or otherwise affect the functions entrusted to the International Boundary and Water Commission, in accordance with the Water Treaty of 1944.

ARTICLE VIII The Parties may, through an exchange of notes, add technical Appendices to this Agreement, or amend existing Appendices. The Appendices to this Agreement and any additional agreed Appendices shall form an integral part of the Agreement.

ARTICLE IX Pursuant to this Agreement, the Parties may conclude specific arrangements for the solution of common problems in the border area.

ARTICLE X The National Coordinators shall be responsible for the development of an implementation schedule and putting the Plan into effect.

ARTICLE XI

(1) This Agreement shall enter an exchange of notes informing each into force upon the date of Party that the other Party has completed its necessary internal procedures.

(2) The present Agreement shall remain in force indefinitely unless one of the Parties notifies the other, through diplomatic channels, of its desire to denounce it, in which case the Agreement will terminate six months after the date of such written notification. Unless otherwise agreed, such termination shall not affect the validity of any arrangements made under this Agreement.

Done at San Diego on this 15th day of July, 1985 in duplicate, in the English and Spanish languages, both texts being equally authentic.

For the United States of America:

For the United Mexican States:

JOINT CONTINGENCY PLAN

APPENDIX I

1. On-Scene Coordinator

l.l. As soon as the Agreement enters into force each Party will designate, without waiting for a polluting incident to occur, officials responsible for exercising in its territory the functions and responsibilities described in Section l.2. Said officials will have the title of "On-Scene Coordinator" (OSC). Each Party will also designate officials who will have advisory and liaison functions. Said officials will have the title of "Advisory and Liaison Coordinator" (ALC). Each Party will divide its territory into areas and will designate OSCs and ALCs for each of those areas.

1.2 The functions and responsibilities of the on-Scene Coordinator will be:

(a) To coordinate and direct measures related to the detection of polluting incidents;

(b) To coordinate and direct response measures;

(c) To authorize the use of dispersants and other chemical products in accordance with their respective laws and national policy provided that such use:

(i) prevents or substantially reduces the risk to human life and health or the risk of fire;

(ii) prevents or reduces a threat to the environment; or

(iii) appears to be the most effective method to reduce the overall adverse effects of the polluting incident.

(d) To determine the facts concerning the polluting incident, including the nature, quantity and location of the pollutants the direction and probable time of travel of the pollutants the available resources and those required; and the potential impacts on public health and welfare and on the environment;

(e) To determine priorities and to decide when to initiate a joint response in accordance with this Agreement;

(f) To notify immediately the two Chairmen of the Joint Response Team (JRT) (see Appendix II) about every polluting incident which has occurred, or which is in imminent danger of occurring, which in the judgment of the OSC may require the initiation of a joint response.

(g) To recommend to the Chairman of the JRT of his country that he formally propose to the Chairman of the JRT of the other Party the initiation of the joint response envisaged in Article VI, for a specific pollution incident;

(h) To make detailed situation reports to the Joint Response Team (JRT) described in Appendix II about all aspects of the polluting incident and of the response operation.

(j) To recommend to the Co-Chairmen of the JRT, after consultation with the ALC, the termination of a joint response action;

(k) To prepare and submit to the JRT, with the advice of the ALC, a final report on each polluting incident, which includes any recommendation for the handling of future incidents;

1.3 If response action is required in the territories of both Parties, the OSC's of both Parties will coordinate the measures to be adopted through the collaboration of both ALC's.

1.4 In accordance with national legislation and as soon as the Agreement enters into force, special customs, immigration and other necessary authorization mechanisms will be sought by each Party.

2. Joint Response Team (JRT)

2.1. As soon as the Agreement enters into force, the coordinating authorities of each Party will designate, without waiting for a polluting incident to occur, its members on the JRT and will communicate its designations to the other Party.

2.2 The United States coordinating authorities will designate the US Co-Chairman of the JRT. The Mexican coordinating authorities will designate the Mexican Co-Chairman of the JRT.

2.3 When the JRT meets in the United States of America, the US Co-Chairman will preside. When the JRT meets in Mexico, the Mexican Co-Chairman will preside.

2.4 As soon as the US and Mexican sections of the JRT are designated, the Co-Chairmen jointly will call a first meeting to begin developing procedures for a carrying out of a joint response to a polluting incident. The JRT will meet as many times, both in periodic planning meetings and in emergency meetings, as may be decided by the Co-Chairmen.

2.5 Upon being notified of a polluting incident the Co-Chairmen of the JRT will immediately acknowledge receipt of the notification. They will consult and may decide to formally propose to their respective National Coordinators the initiation of the joint response. If the National Coordinators decide to initiate a joint response, the US National Coordinator shall immediately notify its decision to the United States Department of State and the Mexican National Coordinator shall immediately notify its decision to the Mexican Secretariat of Foreign Relations. Each Party shall promptly notify the other through diplomatic channels whether it agrees to initiate a joint response.

2.6 When the two Parties have agreed to initiate a joint response to a polluting incident, the functions and responsibilities of the JRT will be the following:

(a) Based on the OSC's initial notification, advise the OSC under Appendix I, paragraph 1.2, about measures needed to respond to the incident and what resources under Appendix I are available to carry out those measures.

(b) To evaluate and make recommendations concerning the measures taken by the OSC.

(d) To consider the journal and reports of the OSC and recommend to the National Coordinators improvements needed in the Plan.

(e) Based on the reports of the OSC, to assess the possible impacts of the polluting incident and to recommend measures necessary to mitigate the adverse effects of such incident.

(f) To take measures to coordinate and use to the maximum the resources which agencies or persons of the United States of America, or of the United Mexican States, or of a third party can contribute.

2.7. The JRT will make decisions by the agreement of the Co-Chairmen.

2.8 Upon the recommendation of the OSC and the ALC to terminate the joint response, the Co-Chairmen shall consult with the National Coordinators and the joint response may be terminated by mutual agreement. The US National Coordinator shall immediately notify the decision to the US Department of State and the Mexican National Coordinator to the Mexican Secretariat of Foreign Relations.

ON COOPERATION FOR THE PROTECTION AND IMPROVEMENT OF THE ENVIRONMENT IN THE BORDER AREA

AGREEMENT OF COOPERATION BETWEEN THE UNITED STATES OF AMERICA AND THE UNITED MEXICAN STATES REGARDING THE TRANSBOUNDARY SHIPMENTS OF HAZARDOUS WASTES AND HAZARDOUS SUBSTANCES

PREAMBLE

The Government of the United States of America ("the United States"), and the Government of the United Mexican States ("Mexico"), ("the Parties"),

Recognizing that health and environmental damage may result from improper activities associated with hazardous waste;

Realizing the potential risks to public health, property and the environment associated with hazardous substances;

Seeking to ensure that activities associated with the transboundary shipment of hazardous waste are conducted so as to reduce or prevent the risks to public health, property and environmental quality, by effectively cooperating ln regard to their export and import;

Seeking also to safeguard the quality of public health, property and environment from unreasonable risks by effectively regulating the export and import of hazardous substances;

Considering that transboundary shipments of hazardous waste and hazardous substances between the Parties, if carried out illegally and thus without the supervision and control of the competent authorities, or if improperly managed could TEXT MISSING

Recognizing that the close trading relationship and the long common border between the Parties make it necessary to cooperate regarding transboundary shipments of hazardous waste and hazardous substances without unreasonably affecting the trade of goods and services;

Reaffirming Principle 21 of the 1972 Declaration of the United Nations Conference on the Human Environment, adopted at Stockholm, which provides that States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental policies and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction;

Recognizing that Article 3 of the Agreement between the Parties on Cooperation for the Protection and Improvement of the Environment in the Border Area of 1983 provides that the Parties may conclude specific arrangements for the solution of common problems in the border area as annexes to that Agreement:

Have agreed as follows:

ARTICLE I

Definitions

l. "Designated Authority" means, in the case of the United States, the Environmental Protection Agency and, in the case of Mexico, the Secretariat of Urban Development and Ecology through the Subsecretariat of Ecology.

2. "Hazardous waste" means any waste, as designated or defined by the applicable designated authority pursuant to national policies, laws or regulations, which if improperly dealt with in activities associated with them, may result in health or environmental damage.

3. "Hazardous substance" means any substance, as designated or defined by the applicable national policies, laws or regulations, including pesticides or chemicals, which when improperly dealt with in activities associated with them, may produce harmful effects to public health, property or the environment, and is banned or severely restricted by the applicable designated authority.

4. "Activities" associated with hazardous waste or hazardous substances means, as applicable, their handling, transportation, treatment, recycling, storage, application, distribution, reuse or other utilization.

5. "Country of export" means the Party from which the transboundary movement of hazardous waste or hazardous substances is to be initiated.

6. "Country of import" means the Party to which the hazardous waste or hazardous substances is to be sent. This does not include "transit", as meaning transport or hazardous waste or hazardous substances through the territory of a Party without being imported through its Customs under applicable laws and regulations.

7. "Consignee" means the facility in the country of import which will ultimately receive the hazardous waste or hazardous substances.

8. "Exporter" means the physical or juridical person, whether public or private, acting on his behalf or as a contractor or subcontractor expressly or implicitly defined as exporter under the national laws and regulations of the country of export which specifically governs hazardous waste or hazardous substances.

9. "Banned or severely restricted" means final regulatory action, as designated or defined by the applicable designated authority, pursuant to national policies, laws or regulations:

a) Prohibiting, canceling or suspending all or virtually all registered uses of a pesticide for human health or environmental reasons.

b) Prohibiting or severely limiting the manufacture, processing, distribution or use of a chemical for human health or environmental reasons.

ARTICLE II

General Obligations

l. Transboundary shipments of hazardous waste and hazardous substances across the common border of the Parties shall be governed by the terms of this Annex and their domestic laws and regulations.

2. Each Party shall ensure, to the extent practicable, that its domestic laws and regulations are enforced with respect to transboundary shipments of hazardous waste and hazardous substances, and other substances as the Parties may mutually agree through appendices to this Annex, that pose dangers to public health, property and the environment.

3. Each Party shall cooperate in monitoring and spot-checking transboundary shipments across the common border of hazardous waste and hazardous substances to ensure, to the extent practicable, that such shipments conform to the concluded through an Appendix to this Annex, including the exchange of information resulting from the monitoring and spot-checking of transboundary shipments which may be useful to the other Party.

HAZARDOUS WASTE

ARTICLE III

Notification to the Importing Country

l. The designated authority of the country of export shall notify the designated authority of the country of import of transboundary shipments of hazardous waste for which the consent of the country of import is required under the laws or regulations of the country of export, with a copy of the notification simultaneously sent through diplomatic channels.

2. The notification referred to in paragraph l of this Article shall be given at least 45 days in advance of the planned date of export and may cover an individual shipment or a series of shipments extending over a twelve-month or lesser period and shall contain the following information for each shipment:

a) The exporter's name, address, telephone number, identification number and other relevant data required in the country of export.

b) By consignee, for each hazardous waste type:

i) A description of the hazardous waste to be exported, as identified by the waste identification number(s) and the shipping description(s) required ln the country of export.

TEXT MISSING time over which such waste is to be exported.

iii) The estimated total quantity of the hazardous waste in units as specified by the manifest or documents required in the country of export.

iv) The point of entry into the country of import.

v) The means of transportation, including the mode of transportation and the type of container involved.

vi) A description of the treatment or storage to which the waste will be subjected in the country of import.

vii) The name and site address of the consignee.

3. In order to facilitate compliance with the requirements of the importing country for the exporter to provide information and documents additional to those described in paragraph 2 of this Article, the designated authority of the exporting country will cooperate by making such requirements for information and documents known to the exporter. To that end, the country of import may list such additional required information and documents in appendices to this Annex.

4. The designated authority of the country of import shall have 45 days from the date of acknowledgment of receipt of the notification provided in paragraph l of this Article within which to respond to such notification, indicating its consent, with or without conditions, or its objection to the export

5. The country of import shall have the right to amend the terms of the proposed shipment contained in the notification in order to give its consent.

6. The consent of the country of import provided pursuant to paragraphs 4 and 5 of this Article, may be withdrawn or modified at any time, pursuant to the national policies, laws or regulations of the country of import.

7. Whenever the designated authority of a country of export requires notification of or is otherwise aware of a transboundary shipment that will be transported through the territory of the other Party, it shall, in accordance with its national laws and regulations, notify that Party.

ARTICLE IV

Readmission of Exports

The country of export shall readmit any shipment of hazardous waste that may be returned for any reason by the country of import.

HAZARDOUS SUBSTANCES

ARTICLE V Notification of Regulatory Actions

l. When a Party has banned or severely restricted a pesticide or chemical, its designated authority shall notify the designated authority of the other Party that such action has been taken either directly or through an appropriate intergovernmental organization.

2. The notice referred to in paragraph l of this Article shall contain the following information, if available;

(a) the name of the pesticide or chemical that is the object of the regulatory action;

(b) a concise summary of the regulatory action taken, including the timetable for any further actions that are planned. If the regulatory action bans or restricts certain uses but allows other uses, such information should be included;

(c) a concise summary of the reason for the regulatory action, including an indication of the potential risks to human health or the environment that are the grounds for the action:

(d) information concerning registered pesticides or substitute chemicals that could be used in lieu of the banned or severely restricted pesticide or chemical;

(e) the name and address of the contact point to which a request for further information should be addressed.

ARTICLE VI

Notification of Exports

l. If the country of export becomes aware that an export of a hazardous substance to the country of import is occurring, the designated authority of the country of export shall notify the designated authority of the country of import.

2. The purpose of such notice shall be to remind the country of import of the notification regarding regulatory action provided pursuant to Article 5 and to alert it to the fact that the export is occurring.

3. The notice referred to in paragraph 1 of this Article shall contain the following information, if available:

(a) the name of the exported hazardous substance;

TEXT MISSING

(d) name and address of the contact point for further information.

ARTICLE VII

Timing of the Notifications

l. Notification of regulatory actions, required pursuant to Article 5, shall be transmitted as soon as practicable after the regulatory action has been taken, and in any event not later than 90 days following the taking of such action.

2. When a Party has banned or severely restricted chemicals or pesticides prior to the entry into force of this Annex, its designated authority shall provide an inventory of such prior regulatory actions to the designated authority of the other Party.

3. Notification of exports required pursuant to Article 6, shall be provided at the time the first export of a hazardous substance is occurring to the Country of import following the regulatory action and should recur at the time of the first export of the hazardous substance each subsequent year to that country.

4. When the hazardous substance being exported has been banned or severely restricted prior to the entry into force of this Annex, the first export following the regulatory action shall be considered to be the first export following the provision of the inventory referred to in paragraph 2 of this Article.

Compliance With Requirements In the Importing Country

In order to facilitate compliance with the requirements in the importing country for the import of hazardous substances, the designated authority of the country of export will cooperate by making such requirements, including expected information and documents, known to the exporter. To that end, the country of import may list such requirements, information and documents in appendices to this Annex.

ARTICLE IX

Readmission of Exports The country of export shall readmit any shipment of hazardous substances that was not lawfully imported into the country of import.

GENERAL PROVISIONS

ARTICLE X

Additional Arrangements

l. The Parties shall consider and, as appropriate, establish additional arrangements to mitigate or avoid adverse effects on health, property and the environment from improper activities associated with hazardous waste and hazardous substances. Such arrangements may include the sharing of research data as well as the definition of criteria regarding imminent and substantial endangerment and emergency responses, and may be included in appendices to this Annex.

2. The Parties shall consult regarding experience with transboundary shipments of hazardous wastes and hazardous substances and, as problems are identified in the special circumstances of the United States-Mexico border relationship may include through appendices to the Annex, additional cooperation and mutual obligations aimed at achieving when necessary a more stringent control of transboundary shipments, such as provisions to bring uniformity in those relating to both hazardous wastes and hazardous substances regarding compulsory notification to and consent by the importing country for each transboundary shipment, as may become permitted by new national laws and regulations adopted by the Parties.

ARTICLE XI

Hazardous Waste Generated From Raw Materials Admitted In-Bond

Hazardous waste generated in the processes of economic production, manufacturing, processing or repair, for which raw materials were utilized and temporarily admitted, shall continue to be readmitted by the country of origin of the raw materials in accordance with applicable national policies, laws and regulations.

ARTICLE XII

Information Exchange and Assistance

l. The Parties shall, to the extent practicable, provide to each other mutual assistance designed to increase the capability of each Party to enforce its laws applicable to transboundary shipments of hazardous waste or hazardous substances and to take appropriate action with respect to violations of its laws.

(a) Such assistance may generally include:

(i) the exchange of information;

(ii) the provision of documents, records and reports;

(iii) the facilitating of on-site visits to treatment, storage, or disposal facilities;

(iv) assistance provided or required pursuant to any international agreements or treaties in force with respect to the Parties, or pursuant to any arrangement or practice that might otherwise be applicable;

(v) emergency notification of hazardous situations; and

(vi) other forms of assistance mutually agreed upon by the Parties.

(b) Save in exceptional circumstances, requests for assistance made pursuant to this Article shall be submitted in writing and translated into the language of the requested State.

(c) The requested State shall provide the requesting State with copies of publicly available records of government departments and agencies in the requested State.

(d) The requested State may provide any record or information in the possession of a government office or agency, but not publicly available, to the same extent and under the same conditions as it would be available to its own administrative, law enforcement, or judicial authorities.

2. The Parties may establish in an appendix to this Annex a cooperative program relating to the exchange of scientific, technical, and other information for purposes of the development of their own respective regulatory mechanisms controlling (TEXT MISSING)

Protection of Confidential Information

The Parties shall adopt procedures to protect the confidentiality of proprietary or sensitive information conveyed pursuant to this Annex, when such procedures do not already exist.

ARTICLE XIV

Damages

1. The country of import may require, as a condition of entry, that any transboundary shipment of hazardous waste or hazardous substances be covered by insurance, bond or other appropriate and effective guarantee.

2. Whenever a transboundary shipment of hazardous waste or hazardous substances is carried out in violation of this Annex, of the national laws and regulations of the Parties, or of the conditions to which the authorization for import was subject, or whenever the hazardous waste or hazardous substances produce damages to public health, property or the environment in the country of import, the competent authorities of the country of export shall take all practicable measures and initiate and carry out all pertinent legal actions that they are legally competent to undertake, so that when applicable in accordance with its national laws and regulations the physical or juridical persons involved:

a) return the hazardous waste or hazardous substances to the country of export:

b) return in as much as practicable the status quo ante of the affected ecosystem;

The country of import shall also take, for the same purposes, all practicable measures and initiate and carry out all pertinent legal actions that its authorities are legally competent to undertake.

The country of export shall report to the country of import all measures and legal actions undertaken in the framework of this paragraph, and shall cooperate with the country of import, on the basis of this Annex or of other bilateral treaties and agreements in force between the Parties, and to the extent permitted by its national laws and regulations, to seek in its courts the satisfaction of those matters covered in subparagraphs a) to c) of this paragraph.

3. The provisions of this Annex shall not be deemed to abridge or prejudice the Parties' national laws concerning transboundary shipments, or liability or compensation for damages resulting from activities associated with hazardous waste and hazardous substances.

ARTICLE XV

Effect On Other Instruments

l. Nothing in this Annex shall be construed to prejudice other existing or future agreements concluded between the Parties, or affect the rights or obligations of the Parties under international agreements to which they are Party.

2. The provisions of this Annex shall, in particular, not be deemed to prejudice or otherwise affect the functions entrusted to the International Boundary and Water Commission, in accordance with the 1944 Treaty on the Utilization of Waters of the Colorado and Tijuana Rivers and of the Rio Grande.

ARTICLE XVI

Appendices

Any appendices to this Annex may be added through the exchange of diplomatic notes and shall form an integral part of this Annex.

ARTICLE XVII

Amendment

This Annex, and any appendices added hereto, may be amended by mutual agreement of the Parties through an exchange of diplomatic notes.

ARTICLE XVIII

Review

The Parties shall meet at least every two years from the date of entry into force of this Annex, at a time and place to be mutually agreed upon, in order to review the effectiveness of its implementation and to agree on whatever individual and joint measures are necessary to improve such effectiveness.

ARTICLE XIX

Entry lnto Force

This Annex shall enter into force upon an exchange of diplomatic notes between the Parties stating that each Party has completed its necessary internal procedures.

ARTICLE XX

Termination

This Annex shall remain in force indefinitely, unless one of the Parties notifies the other in writing through diplomatic channels of its desire to terminate it, in which case the Annex shall terminate six months after the date of such written notification. Unless otherwise agreed, such termination shall not affect the validity of any agreements made under this Annex.

IN WITNESS WHEREOF the undersigned, being duly authorized by their respective Governments, have signed this Annex.

DONE at Washington, in duplicate, this twelfth day of November, 1986 in the English and Spanish languages, both texts being equally authentic.

FOR THE GOVERNMENT 0F THE UNITED STATES OF AMERICA: (signed)

FOR THE GOVERNMENT OF THE UNITED MEXICAN STATES: (signed)

THE UNITED STATES OF AMERICA AND THE UNITED MEXICAN STATES ON COOPERATION FOR THE PROTECTION AND IMPROVEMENT OF THE ENVIRONMENT IN THE BORDER AREA

AGREEMENT OF COOPERATION BETWEEN THE UNITED STATES OF AMERICA AND THE UNITED MEXICAN STATES REGARDING TRANSBOUNDARY AIR POLLUTION CAUSED BY COPPER SMELTERS ALONG THEIR COMMON BORDER

P R E A M B L E

The Government of the United States of America ("the United States"), and the Government of the United Mexican States ("Mexico"), ("the Parties"),

Recognizing public concern for health and environmental damage resulting from air pollution caused by copper smelters along their common border;

Taking note that such public concern led to consultations between the Parties in the framework of their Agreement on Cooperation for the Protection and Improvement of the Environment in the Border Area of 1983 (the l983 Agreements);

Taking note also with satisfaction that such consultations led to the taking by each of the Parties, in their respective territories, of measures which will yield an improvement of the air quality in the border area;

Recognizing that the decision in the United States to close the Phelps Dodge copper smelter in Douglas, Arizona, by January 15, 1987, will constitute a significant contribution to the protection of the environment in the border area;

(TEXT MISSING) dioxide to sulfuric acid, in the Mexicana de Cobre La Caridad copper smelter in Nacozari, Sonora, by June 1, 1988, will constitute a significant contribution to the protection of the environment in the border area;

Considering the importance for the Parties to ensure the implementation of the above described measures, as well as the need to contemplate the adoption of other measures to further protect and improve air quality from activities by copper smelters in the border area;

Desirous to cooperate effectively to protect public health and welfare from the effects of air pollution caused by copper smelters in the border area; and

Recalling that Article 3 of the 1983 Agreement provides that the Parties may conclude specific arrangements for the solution of common problems in the border area as annexes to that Agreement;

Have agreed as follows:

ARTICLE I

Emissions Reduction Measures

l. The United States undertakes to ensure that in the event that the Phelps Dodge copper smelter in Douglas, Arizona, recommences smelting after January 15, 1987, or that any other copper smelter is established in its side of the border area in the future, such smelter will be subject upon commencement of smelting operations to the taking of effective measures necessary to ensure that sulfur

dioxide emissions shall not exceed .065 percent by volume during any six-hour period.

2. In the United States other existing copper smelters in its side of the border area, whether currently operating or not, will continue to be subject to effective control measures necessary to protect the environment from sulfur dioxide emissions, as provided by applicable state and federal law.

3. Mexico undertakes to ensure that operations of the Mexicana de Cobre la Caridad copper smelter in Nacozari, Sonora, after l June 1988, or the establishment of any other copper smelter in its side of the border area in the future, will upon commencement of operations be subject to the taking of effective measures necessary to ensure that sulfur dioxide emissions shall not exceed .065 percent by volume during any six-hour period. Until that date, the Nacozari smelter will continue operating at a maximum average sulfur dioxide emissions limit that does not exceed any ambient concentration up to 0.13 parts per million during any twenty-four hour period.

4. Mexico undertakes to ensure that any future expansion of the smelting capacity of the Compañia Minera de Cananea copper smelter in Cananea, Sonora, will be subject, at the time of commencement of such expanded operations, to the taking of effective measures to ensure that sulfur dioxide emissions shall not exceed .065 percent by volume during any six-hour period.

5. For the purpose of determining compliance with the .065 emissions limitation established in this Annex,

a) Six-hour average sulfur dioxide concentrations shall be calculated and recorded daily for the four consecutive six-hour periods of each operating day, beginning at 12 a.m.

b) Each six-hour period shall be contiguous one-hour average sulfur dioxide concentrations.

c) One-hour average emissions concentrations shall be computed from four or more data points equally spaced over each one-hour period.

5. The Parties shall endeavor to take, subject to the availability of resources, any other appropriate interim emissions reduction measures intended to protect public health and welfare from air pollution caused by copper smelters in the border area.

ARTICLE II

Emissions Monitoring, Record keeping and Reporting Systems

l. Any copper smelter that, in accordance with this Annex, will be required to comply with the emissions limitation of .065 percent by volume during any six-hour period, shall install, operate and maintain continuous emissions monitoring, record keeping and reporting systems, on the following bases:

a) For the purpose of monitoring emissions of sulfur dioxide, the monitoring system shall be installed, calibrated and maintained by the owner or operator of any copper smelter to which this Article applies, with zero and span checks to be performed daily and a quality assurance program.

(TEXT MISSING) emissions, and:

i) Other information to be kept on file may include continuous monitoring system, monitoring device and performance testing measurements, all continuous monitoring system or monitoring device calibration checks, adjustments or maintenance performed on these systems or devices, and all other information that the competent national authority may require be kept.

ii) The smelter owner or operator shall be required to keep a monthly record of the total smelter charge.

iii) The copper smelter owner or operator shall be required to submit to the competent national authority, on a quarterly basis, written reports of sulfur dioxide emissions that exceed .065 percent by volume during any six-hour period, as well as the following information:

- The magnitude of any emissions which percent by volume during any six-hour period, and the date and time of commencement and completion of each time period of these emissions.

- Specific identification of each six-hour period in which emissions exceed .065 percent by volume during startup, shutdown or malfunction, if known, and the corrective actions taken.

- The date, time, and duration of each period during which the continuous monitoring system was (TEXT MISSING) nature or the system repairs or adjustments.

2. The emissions monitoring, record keeping and reporting systems referred to in paragraph l of this Article, are aimed at availing each Party with adequate information to enable it to undertake whatever practicable measures are regarded as appropriate, or to enable the Parties to cooperate to that end, and in no way shall such resulting information be interpreted so as to alter the commitments of the Parties specified in Article I of this Annex or in any of its other provisions.

3. The Parties shall consult in order to find effective means of cooperation, to ensure the most immediate means for the prompt and full implementation of the provisions in this Article.

ARTICLE III

Atmospheric Monitoring Facilities

The Parties shall continue to consult concerning their existing atmospheric monitoring facilities located in the border area, and will continue to cooperate to enhance effective monitoring.

ARTICLE IV

Working Group of Technical Experts

l. The Parties confirm the binational body established by the First Annual Meeting of National Coordinators, in the spirit of Article ll of the 1983 Agreement, of technical experts known as the US-Mexico Air Quality Working Group ("Working Group"). The Working Group shall be co-chaired by officials who shall be appointed by and report to the United States and Mexican Coordinators ("National Coordinators") as provided for under Article 8 of the 1983 Agreement. The Working Group shall meet on a regular basis and shall include participation, as appropriate or necessary, of state and local officials from both countries.

2. The Working Group shall meet at least once every six months to review progress in abating smelter pollution in the border area, as contemplated by this Annex and, if necessary, to make findings on additional corrective measures for recommendation to the National Coordinators. The Working Group shall submit all its recommendations and its evaluation of the Parties' compliance with the terms of this Annex in a bi-annual report to the National Coordinators. The National Coordinators shall, by mutual agreement implement such recommendations as they deem appropriate.

3. The National Coordinators shall forward all Working Group reports to the respective Foreign Ministries in each country, namely, the Department of State, in the case of the United States, and the Secretariat of External Relations, in the case of Mexico, and shall recommend, taking into account Working Group reports, such additional action as may be needed to further the purposes of this Annex.

4. The Parties shall, consistent with their respective domestic legislation and regulations, exchange information and data on copper smelters in their respective border states, and also ensure that the Working Group is provided with complete information, including atmospheric and emissions monitoring data in the border area and other information either existing or which may become available as a result of this Annex.

ARTICLE V

Legislative Authority

The Parties will promote legislative authority, as may be necessary, to provide for the abatement of transboundary air pollution caused by copper smelters. The Parties shall continue to consult with respect to these matters.

ARTICLE VI

Effect on Other Instruments

l. Nothing in this Annex shall be construed to prejudice other existing or future agreements concluded between the Parties or affect the rights or obligations of the agreements to which they are Party.

ARTICLE VII

Appendices

Any appendices to this Annex may be added through an exchange of diplomatic notes and shall form an integral part of this Annex.

ARTICLE VIII

Amendment

This Annex, and any appendices added hereto, may be amended by mutual agreement of the Parties through an exchange of diplomatic notes.

ARTICLE X

Entry into Force

This Annex shall enter into force upon an exchange of diplomatic notes between the Parties stating that each Party has completed its necessary internal procedures.

ARTICLE XI

Termination

IN WITNESS WHEREOF the undersigned, being duly authorized by their respective Governments, have signed this Annex.

DONE at Washington, in duplicate, this twenty-ninth day of January, 1987, in the English and Spanish languages, both texts being equally authentic.

FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA:

FOR THE GOVERNMENT OF THE UNITED MEXICAN STATES: