THE MARINE MAMMAL COMMISSION COMPENDIUM
BILATERAL / MEXICO
Volume(s) 1-3; pages 3314-3317
Agreement Between the Government of the United States of America and the Government of the United Mexican States on Cooperation for the Protection and Improvement of the Environment in the Metropolitan Area of Mexico City, Washington, 1989
Done at Washington 3 October 1989
Entered into force 22 August 1990
Primary source citation: Copy of text provided by the U.S. Department of State
AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE UNITED MEXICAN STATES ON COOPERATION FOR THE PROTECTION AND IMPROVEMENT OF THE ENVIRONMENT IN THE METROPOLITAN AREA OF MEXICO CITY
The Government of the United States of America and the Government of the United Mexican States,
RECOGNIZING the importance of a healthful environment to the long-term economic and social well-being of present and future generations;
NOTING the success of previous agreements and programs providing for environmental cooperation between the two countries;
BELIEVING that the exchange of experience in addressing similar environmental problems in each country constitutes a desirable form of cooperation;
REAFFIRMING their political will further to strengthen and demonstrate the importance attached by both governments to cooperation on environmental protection and in furtherance of the principle of good neighborliness;
ACKNOWLEDGING the health and environmental risks posed by pollution of the air, water and land in the Metropolitan Area of Mexico City;
DESIROUS of facilitating cooperation between the United States Environmental Protection Agency and the Secretariat of Urban Development and Ecology, the Department of the Federal District, and the Government of the State of Mexico of the United Mexican States,
Have agreed as follows:
The Government of the United States of America and the Government of the United Mexican States, hereinafter ‘the Parties’, agree to cooperate in the field of environmental protection in the Metropolitan Area of Mexico City, hereinafter ‘Metropolitan Area’. The objective of this Agreement is to establish a framework for cooperation between the Parties for the protection, improvement and conservation of the environment in the Metropolitan Area.
For the purpose of this Agreement, it shall be understood that the term ‘Metropolitan Area’ refers to the area generally encompassed by Mexico City, which includes the Federal District and the corresponding municipalities of the State of Mexico.
Pursuant to this Agreement, Annexes or other specific arrangements may be concluded for the solution of pollution problems in the Metropolitan Area. Such Annexes and other arrangements may particularly refer to sources of pollution which have a direct or indirect effect on the quality of the air environment in the Metropolitan Area.
Forms of cooperation between the Parties under this Agreement may include: technology transfers; scientific and technical advice and assistance; educational exchanges; environmental monitoring and environmental impact assessments by the competent Mexican authorities; the holding of joint meetings and reviews; the exchange of relevant personnel and periodic exchanges of environmental information and data likely to be of interest to the Parties; coordination on national programs; and cooperation in developing appropriate environmental funding mechanisms.
Each Party designates a National Coordinator to coordinate and monitor implementation of this Agreement. The National Coordinators shall also: a) designate officials to be responsible for cooperative activities identified under Article 4; b) review annually the activities carried out under this Agreement; and c) convene as necessary meetings of experts for the carrying out of activities under this Agreement.
In the case of the United States of America, the National Coordinator is the Environmental Protection Agency. In the case of the United Mexican States, the National Coordinator is the Secretariat for Urban Development and Ecology, which will coordinate regionally with the Government of the Federal District and the Government of the State of Mexico.
Taking into account the subjects to be examined jointly, the National Coordinators may invite, as appropriate, representatives of federal, state and municipal governments to participate in the meetings provided for in this Agreement. By mutual agreement they may also invite representatives of international governmental or non-governmental organizations to contribute to carrying out this Agreement.
Unless otherwise agreed, each Party shall bear the cost of its participation in the implementation of this Agreement, including the expenses of personnel who participate in any activity undertaken thereunder.
Each Party shall facilitate the entry of equipment and personnel related to this Agreement into its territory, subject to its laws and regulations.
All technical information obtained through the implementation of this Agreement will be available to both Parties. Such information may only be made available to third parties by the mutual agreement of the National Coordinators.
The United States National Coordinator shall inform the Mexican National Coordinator about the extent to which experience obtained through the implementation of this Agreement is used to address similar pollution problems in metropolitan areas in the United States.
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.
Activities under this Agreement shall be subject to the availability of funds and other resources to each Party and to the applicable laws and regulations in each country.
This Agreement shall enter into force upon an exchange of Notes stating that each Party has completed its necessary internal procedures.
This Agreement shall remain in force indefinitely unless one of the Parties notifies the other of its desire to terminate 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 ongoing activities not fully completed at the time of termination.
This Agreement may be amended by the written agreement of the Parties.
IN WITNESS WHEREOF the undersigned, being duly authorized by their respective Governments, have signed this Agreement.
DONE at Washington, in duplicate, this third day of October, 1989 in the English and Spanish languages, both texts being equally authentic.
FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA: James A. Baker III
FOR THE GOVERNMENT OF THE UNITED MEXICAN STATES: Fernando Solana Morales
DEPARTMENT OF STATE WASHINGTON
August 22, 1990
His Excellency Gustavo Petricioli, Ambassador of Mexico.
I have the honor to refer 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 Metropolitan Area of the City of Mexico, signed October 3, 1989, and to acknowledge receipt of Your Excellency's note of August 22, 1990 stating that the Government of the United Mexican States has fulfilled all of the requirements set forth by its national legislation for entry into force of the agreement. I have the further honor to inform Your Excellency that the Government of the United States of America has also completed all of its necessary internal procedures for entry into force of the agreement. In accordance with Article 12, I confirm that the agreement shall enter into force on the date of this note.
Accept, Excellency, the renewed assurances of my highest consideration.
For the Acting Secretary of State: Richard J. Smith
Washington, D.C. August 22, 1990
His Excellency James A. Baker, III Secretary of State Washington, D.C. Your Excellency:
I have the honor of referring to the Agreement between the Government of the United States of America and the Government of the United Mexican States on Cooperation for the Protection and Improvement of the Environment in the Metropolitan Area of Mexico City, signed in Washington, D.C. on October 3, 1989. In this regard, I am pleased to inform Your Excellency that the Government of the United Mexican States has completed the internal procedures necessary for the Agreement to enter into force. In conformity with that which is disposed by Article 12, this Agreement will come into effect on the date in which a similar notification is received from the Government of the United States of America.
I avail myself of this opportunity to renew to Your Excellency the assurances of my highest and most distinguished consideration.
Gustavo Petricioli Ambassador