Rules of Procedure
for Evaluation Committees of Experts
of the
North American Agreement on Labor
Cooperation
Application
Definitions
Establishment
of Evaluation Committee of Experts
Interpretive
Rulings
Rosters
of Experts for ECEs
Selection
of ECE Members
ECE Mandate
Operation
of ECEs
Written
Submissions
Confidentiality
ECE
Information Forum
Supplementary
Information Requests to the Parties
Other
Sources of Information
Draft Report
Final Report
Ex
Parte Contacts
Translation
and Interpretation
Computation
of Time
ECE Archives
Amendment
Authentic
Texts
Application
| 1. |
These
rules are established under Article
24 of the North American Agreement
on Labor Cooperation (NAALC) and
apply to proceedings under Section
B (Evaluations) of Part Four (Cooperative
Consultations and Evaluations)
of the NAALC unless the Council
decides otherwise. |
Definitions
| 2. |
In
these rules:
Agreement means the
North American Agreement on
Labor Cooperation;
business day means Monday
through Friday, except legal
holidays as designated by any
Party and as to which the Secretariat
is so notified;
confidential or proprietary
information means any information
designated as such by the submitter;
Consulting Party means
a Party participating in ministerial
consultations under Article
22;
Council means the Council
established under Article 9;
day means calendar day,
unless otherwise indicated;
ECE means an Evaluation
Committee of Experts established
under Article 23;
interpretive rulings
means rulings by an independent
expert acting under Article
23 and Annex 23;
Party means a Party
to the Agreement;
representative of a Party
means an employee of a government
department or agency or of any
other government entity of a
Party; and
Requesting Party means
the Party that requested in
writing the establishment of
an ECE;
Secretariat means the
Secretariat established under
Article 12.
|
| 3. |
Any
reference made in these rules
to an Article, Annex or Chapter
is a reference to the appropriate
Article, Annex or Chapter of the
Agreement. All definitions contained
in Article 49 and Annex 49 govern
any interpretation of the Agreement
and these rules. |
Establishment
of Evaluation Committee of Experts
| 4. |
If
a matter has not been resolved
after ministerial consultations
pursuant to Article 22, any consulting
Party may request in writing the
establishment of an Evaluation
Committee of Experts (ECE). In
accordance with Article 23(1),
the requesting Party shall deliver
the request to the other Parties
and to the Secretariat. The date
on which the request was received
by the Secretariat shall be deemed
the date of the delivery of the
request. The Secretariat shall
promptly notify the Parties of
this date.
|
| 5. |
Subject
to Article 23(3) and (4) and rules
8 and 17, the Council shall establish
an ECE no sooner than 7 days after
the delivery of the request. If,
during this 7day period, a request
for an interpretive ruling pursuant
to rule 12 is made or a Party
notifies the Secretariat and the
other Parties that in its view
the matter concerned was previously
the subject of an ECE report and
there is no new information warranting
a further report within the meaning
of Article 23(4), the Council
shall refrain from establishing
the ECE pending the issuance of
the interpretive ruling or a decision
by the Council as to the applicability
of Article 23(4). |
|
If a request for an interpretive
ruling or a notification as to
the applicability of Article 23(4)
is made, the members of the ECE
shall be appointed no later than
2 business days following the
release of an interpretive ruling
determining that the matter is
"trade-related" or covered
by "mutually recognized labor
laws" as defined in Article
49 or a determination by the Council,
pursuant to rule 8, that Article
23(4) does not apply. |
|
If there is no request for an
interpretive ruling or notification
as to the applicability of Article
23(4), the members of the ECE
shall be appointed no later than
21 days after the delivery of
the request, unless the Council
decides otherwise.
|
| 6. |
An
ECE shall be deemed established
on the date that all its members
have been appointed.
|
| 7. |
Prior
to the establishment of an ECE,
the Council shall establish specific
terms of reference for the ECE
for the purpose of rule 28.
|
| 8. |
In
accordance with Article 23(4),
no ECE may be convened regarding
any matter that the Council determines
by a two-thirds vote was previously
the subject of an ECE report in
the absence of such new information
as would warrant a further report.
The Council may request the Secretariat
to provide the Council with an
analysis of the request within
2 business days. |
Interpretive
Rulings
| 9. |
The
Council shall establish and maintain
a roster of up to 15 experts in
international trade for purposes
of selection as experts to give
rulings pursuant to rule 12(a).
The roster members shall be appointed
by consensus for terms of three
years, and may be reappointed.
The Secretariat shall have custody
of the roster.
|
| 10. |
The
Council shall establish and maintain
a roster of up to 15 experts in
labor law for purposes of selection
as experts to give rulings pursuant
to rule 12(b). The roster members
shall be appointed by consensus
for terms of three years, and
may be reappointed. The Secretariat
shall have custody of the roster.
|
| 11. |
Roster
members shall: |
|
(a)
have expertise or experience in
international trade, for the roster
established pursuant to rule 9,
or labor law or its administration,
for the roster established pursuant
to rule 10;
(b) be chosen strictly on the
basis of objectivity, reliability
and sound judgment;
(c) be independent of, and not
be affiliated with or take instructions
from, any Party or the Secretariat;
and
(d) comply with the code of conduct
established by the Council.
|
| 12. |
A
Party may seek a ruling under
Annex 23 by notifying the Secretariat
and the other Parties in writing,
no later than 7 days after the
request to establish an ECE. On
delivery of the notice, the Council
shall select an independent expert
from the roster established under
rule 9 or 10 to make a ruling
concerning whether the matter
is: |
|
(a)
"trade-related", or
(b) covered by "mutually
recognized labor laws", as
defined in Article 49.
|
| 13. |
In
order to be considered, a Party's
notice seeking a ruling under
Annex 23 made pursuant to rule
12 must be accompanied by a memorandum,
not exceeding 10 pages in length,
supporting the contention that
the matter is not trade-related
or is not covered by mutually
recognized labor laws. Any other
Party may submit a memorandum,
not exceeding 10 pages, objecting
to or supporting the notice within
7 days of the delivery of the
notice or within 2 business days
following the selection of an
independent expert, whichever
is later.
|
| 14. |
The
independent expert may request
additional information from one
or more of the Parties. A Party
that has received such a request
shall respond within 7days.
|
| 15. |
Unless
the Council decides otherwise,
the expert shall make a ruling
within 14days after the expert
is selected. The expert's ruling
shall be final and binding on
the Parties.
|
| 16. |
If
the Council is unable to reach
consensus within 14 days from
the date of a notice pursuant
to rule 12, the expert shall be
chosen by lot from the appropriate
roster, with the Secretariat administering
the selection.
|
| 17. |
In
accordance with Article 23(3),
no ECE may be convened by the
Council if the independent expert
has ruled that the matter: |
|
(a)
is not "trade-related",
or
(b) is not covered by "mutually
recognized labor laws".
|
Rosters
of Experts for ECEs
| 18. |
The
Council shall establish and maintain
a roster of up to 45 experts who
are willing and able to serve
as members of ECEs. The roster
members shall be appointed by
consensus for terms of three years,
and may be reappointed. Experts
whose names appear on the rosters
established pursuant to rule 10
are not excluded from eligibility
for this roster. The Secretariat
shall have custody of the roster.
|
| 19. |
Roster
members shall: |
|
(a)
have expertise or experience in
labor matters or other appropriate
disciplines;
(b) be chosen strictly on the
basis of objectivity, reliability
and sound judgment;
(c) be independent of, and not
be affiliated with or take instructions
from, any Party or the Secretariat;
and
(d) comply with a code of conduct
established by the Council.
|
| 20. |
An
independent expert selected to
make an interpretive ruling shall
not be eligible to serve as a
member of an ECE in the same matter.
|
| 21. |
In
consultation with the International
Labor Organization, the Council
shall establish and maintain a
roster of 12 experts who are willing
and able to serve as chairs of
ECEs. The roster members shall
be appointed by consensus for
terms of three years, and may
be reappointed. Persons whose
names appear on the roster established
pursuant to rules 10 or 18 shall
be eligible for appointment to
the roster established under this
rule. The persons on the roster
shall meet the requirements of
rule 19. The Secretariat shall
have custody of the roster.
|
Selection
of ECE Members
| 22. |
An
ECE shall normally consist of
a chair and two other members.
|
| 23. |
The
chair shall be selected by the
Council from the roster provided
for in rule 21. The other members
of an ECE shall be selected by
the Council from the roster provided
for in rule 18. If the Council
is unable to agree on the selection
of one or more members of an ECE,
the expert shall be selected by
lot from the appropriate roster.
The selection by lot must continue
until it results in an ECE membership
composed of three nationalities.
|
| 24. |
When
an ECE member is to be selected
by lot, pursuant to rule 23, all
the names on the roster of experts
established under rule 18, minus
the names of the persons currently
serving on this or another ECE,
shall be made available for the
selection process. The Executive
Director of the Secretariat shall
select names from this grouping
at random until a person is identified
who is not of the same nationality
as the existing ECE members. |
|
The Executive Director of the
Secretariat shall inform the Council
immediately of the name selected
and the Council will appoint the
new ECE member without delay.
If the individual does not accept
the appointment, the random selection
process will be repeated.
|
| 25. |
When
an ECE chair is to be selected
by lot, the procedures stipulated
in rule 24 will apply except that
the roster established under rule
21 shall be used. When
both the chair and one or more
other members are to be selected
by lot, the chair will be selected
first.
|
| 26. |
If
a Party believes that a member
of an ECE is in violation of the
code of conduct, it may bring
the matter to the Council. If
two Council members agree that
a violation of the code of conduct
has occurred, the member shall
be removed and a new member shall
be selected in accordance with
rule 23. |
ECE
Mandate
| 27. |
In
accordance with Article 23(2),
the ECE shall analyze, in the
light of the objectives of the
Agreement and in a non-adversarial
manner, patterns of practice by
each Party in the enforcement
of its occupational safety and
health or other "technical
labor standards" defined
in the Agreement, as they apply
to the particular matter previously
considered by the Parties under
Article 22.
|
| 28. |
Subject
to rule 27, the ECE shall follow
the specific terms of reference
set by the Council. |
Operation
of ECEs
| 29. |
The
chair of the ECE shall preside
at all of its meetings. An ECE
may delegate authority to the
Chair to make administrative and
procedural decisions. Within 21
days of the establishment of an
ECE, the chair, after consulting
with the Executive Director of
the Secretariat, shall present
a budget to the Council covering
the expenses related to the work
of the ECE, including the remuneration
of the ECE members. The Executive
Director of the Secretariat is
authorized to cover ordinary expenses
of the ECE pending approval of
the budget.
|
| 30. |
Only
members of the ECE may take part
in the deliberations of the ECE.
The ECE may permit the Executive
Director or other members of the
Secretariat to be present during
such deliberations to provide
assistance as required. The Secretariat
shall maintain the records of
the ECE process.
|
| 31. |
Where
a procedural question arises that
is not covered by these rules,
an ECE may adopt an appropriate
procedure that is not inconsistent
with the Agreement.
|
| 32. |
If
a member of an ECE dies, withdraws
or is removed, a replacement shall
be selected as expeditiously as
possible in accordance with the
selection procedure of rule 23.
Following the selection of a replacement,
the ECE process shall be resumed
at the stage where it had been
interrupted.
|
| 33. |
Any
time period applicable to the
ECE process shall be suspended
for a period beginning on the
date the member of the ECE dies,
withdraws or is removed and ending
on the date the replacement is
selected.
|
| 34. |
The
Council, at the request of an
ECE, may modify any time period
applicable in the ECE process
and make such other adjustments
as may be required in the proceeding.
|
Written
Submissions
| 35. |
The
Parties and members of the public
may make written submissions to
the ECE by delivering the original
and six copies to the Secretariat
no later than 30 days following
a request for written submissions
by the ECE. The Secretariat shall
communicate a request by the ECE
for written submissions to all
Parties expeditiously. The Secretariat
shall ensure that an ECE request
for written submissions is given
appropriate public notice.
|
| 36. |
A
written submission shall clearly
indicate the person(s) or organization(s)
making the submission, including
the address. Submissions in excess
of 10 pages shall be accompanied
by an executive summary.
|
| 37. |
The
Secretariat shall acknowledge
receipt of all written submissions.
|
| 38. |
The
Secretariat shall notify the Parties
of the receipt of written submissions.
Subject to rules 39 through 41,
the Secretariat shall transmit
copies of submissions to the ECE
and, on request, to the Parties.
The Parties may comment in writing
within 14 days of receipt of a
written submission of a Party
and at any time on a public submission.
|
Confidentiality
| 39. |
A
Party or member of the public
making a submission pursuant to
rule 35 may request that the source
of the information be kept confidential
and may designate any information
provided as confidential or proprietary.
|
| 40. |
In
accordance with Article 12(6)(a)
of the Agreement, the Secretariat
shall safeguard from disclosure
to the ECE members, the Parties,
and the public information that
could identify a source, if the
submitter requests or if the Secretariat
otherwise considers it appropriate.
In such case, the Secretariat
shall ensure that any identifying
information is deleted from a
document before it is disseminated
to ECE members, the Parties or
the public. |
|
In
accordance with Article 12(6)(b)
of the Agreement, the Secretariat
shall safeguard from disclosure
to the public information that
the submitter designates as confidential
or proprietary. In such case,
the Secretariat shall ensure that
any information designated as
confidential or proprietary is
clearly identified before dissemination
to ECE members or the Parties
and deleted before dissemination
to the public.
|
| 41. |
The
Parties and the ECE members shall
accord sources and information
contained in submissions the confidentiality
requested or designated pursuant
to rules 39 and 40. The Secretariat
and ECE shall ensure that any
person handling confidential or
proprietary information has signed
a confidentiality agreement.
|
| 42. |
Subject
to the requirements of rule 40,
the Secretariat shall make copies
of written submissions available
to the public on request. |
ECE
Information Forum
| 43. |
The
chair shall fix the date and time
of any ECE information forum in
cooperation with the Parties,
the other members of the ECE and
the Secretariat. The Secretariat
shall notify the Parties in writing
14 days in advance of the date,
time and location of an ECE information
forum, which shall gather information
from the Parties or the public
in order to better analyze the
subject matter under consideration
in an ECE evaluation.
|
| 44. |
The
ECE may invite organizations,
institutions, persons with relevant
experience and members of the
public to an ECE information forum.
The Secretariat shall ensure that
these invitations are given appropriate
public notice.
|
| 45. |
An
ECE may fix separate ECE information
fora for representatives of the
Parties and for others.
|
| 46. |
ECE
information fora shall normally
be held at the seat of the Secretariat.
|
| 47. |
The
Secretariat shall provide simultaneous
interpretation as required at
the ECE information fora.
|
| 48. |
All
members of the ECE shall normally
be present at the ECE information
fora.
|
| 49. |
No
later than 10 days before the
date of an ECE information forum
to which the Parties are invited,
each Party shall advise the Secretariat
whether it wishes to participate.
No later than 5 days before the
date of an ECE information forum,
each participating Party shall
deliver to the Secretariat a list
of its representatives who would
like to address the ECE. The Secretariat
shall prepare the list of the
speakers and circulate it to the
Parties.
|
| 50. |
No
later than 10 days before the
date of an ECE information forum
in which organizations, institutions,
persons with relevant experience
and members of the public are
invited, those wishing to participate
shall so advise the Secretariat.
No later than 5 days before the
date of an ECE information forum,
each organization or institution
shall deliver to the Secretariat
a list of its representatives
who would like to address the
ECE. The Secretariat shall prepare
a list of the names of such representatives
as well as of persons with relevant
experience and members of the
public who wish to address the
ECE, circulate it to the Parties
and give it appropriate public
notice.
|
| 51. |
Each
ECE information forum shall be
open to the public, unless the
ECE decides that, for compelling
reasons, it will be closed.
|
| 52. |
The
Secretariat shall arrange to have
a transcript of each ECE information
forum prepared and a copy of the
transcript delivered as soon as
possible to all Parties and the
members of the ECE.
|
| 53. |
Within
14 days after the ECE information
forum, any Party may deliver to
the Secretariat a supplementary
written submission responding
to any matter that arose from
the ECE information forum or from
any written submission. The Secretariat
shall transmit copies of supplementary
written submissions to the members
of the ECE and to the other Parties.
|
Supplementary
Information Requests to the Parties
| 54. |
The
ECE may at any time during the
ECE process address questions
in writing to one or more of the
Parties. The ECE shall deliver
the written questions to the Party
or Parties to whom the questions
are addressed through the Secretariat
which, in turn, shall provide
for the delivery of copies of
the questions by the most expeditious
means practicable to the other
Parties.
|
| 55. |
A
Party to whom the ECE addresses
written questions shall deliver
its written reply to the Secretariat
within the time frame specified
by the ECE. The Secretariat shall
transmit copies of the written
reply to the members of the ECE
and
provide for the delivery of copies
of the reply by the most expeditious
means practicable to the other
Parties. Each Party shall be given
an equal opportunity to provide
written comments on the reply
within the time frame specified
by the ECE. |
Other
Sources of Information
| 56. |
The
Secretariat and the National Administrative
Office of each Party may provide
the ECE with relevant information,
either at their own initiative
or at the request of the ECE.
When requesting information from
the Secretariat or the National
Administrative Offices, the ECE
shall stipulate the deadlines
involved.
|
| 57. |
In
addition to information received
through written submissions, written
comments or ECE information fora,
an ECE may consider in preparing
its report any other information
provided by the Secretariat, theNational
Administrative Office of each
Party, organizations, institutions
and persons with relevant expertise,
and the public.
|
| 58. |
Where
the ECE has determined that information
received under rule 57 will be
considered in preparing its report,
the Secretariat shall provide
copies of such information to
all Parties. Each Party shall
be given an equal opportunity
to comment within the time frame
specified by the ECE. |
Draft
Report
| 59. |
Unless
the Council decides otherwise,
the ECE shall present a draft
report for consideration by the
Council within 120 days after
it is established, which shall
contain: |
|
(a)
a comparative assessment of the
matter under consideration;
(b) its conclusions; and
(c) where appropriate, practical
recommendations that may assist
the Parties in respect of the
matter.
|
| 60. |
Following
the transmittal of the draft report
to the Council, each Party may
submit written views to the ECE
within 14 days. The Secretariat
shall transmit copies of such
views to the other Parties within
2 business days. The Parties may
express their comments on such
views to the ECE, through the
Secretariat, within 14 days. The
ECE shall take such comments and
views into account in preparing
its final report.
|
| 61. |
The
Parties, ECE members and the Secretariat
shall not disclose the ECE's draft
report or any of its contents.
|
Final
Report
| 62. |
Unless
the Council decides otherwise,
the ECE shall present a final
report to the Council, including
any separate views on matters
not unanimously agreed, within
60 days after presentation of
the draft report.
|
| 63. |
Unless
the Council decides otherwise,
the final report shall be published
within 30 days after its presentation
to the Council.
|
| 64. |
The
Parties shall provide to each
other and the Secretariat written
responses to the recommendations
contained in the ECE report within
90 days of its publication.
|
| 65. |
The
final report and such written
responses shall be tabled for
consideration at the next regular
session of the Council. The Council
may keep the matter under review.
|
Ex
Parte Contacts
| 66. |
Whenever
the ECE or any of its members
has discussed the matter under
consideration pursuant to rules
27 and 28 with any one Party in
the absence of the other Parties,
the ECE shall so advise the other
Parties through the Secretariat.
|
| 67. |
Any
ECE member who discusses the subject
matter under consideration pursuant
to rules 27 and 28 with any organization,
institution or member of the public
shall immediately advise the other
members of the ECE of the purpose
and nature of the discussion.
|
| 68. |
The
ECE shall provide the Parties,
through the Secretariat, with
a list of the names of organizations,
institutions and members of the
public with whom the ECE or any
one of its members has discussed
the matter under consideration
pursuant to rules 27 and 28. |
Translation
and Interpretation
| 69. |
A
Party shall, within a reasonable
period of time before it delivers
its written submission in the
ECE process, advise the Secretariat
in writing of the language or
languages in which its written
submission will be made and in
which it wishes to
receive the written submissions
replies and comments of the other
Parties. The Secretariat shall
promptly notify the other Parties
of such notification.
|
| 70. |
A
Party participating in an ECE
information forum shall, within
a reasonable period of time before
the date of such an ECE information
forum, advise the Secretariat
in writing of the language or
languages in which it will make
oral presentations and in which
it wishes to hear oral presentations
by the other participating Parties.
When the Secretariat is so advised
it shall promptly notify the other
Parties and the ECE.
|
| 71. |
Where
in accordance with the advice
provided by each Party under rules
69 or 70, written submissions
or oral presentations in the ECE
process will be made in more than
one language, or if a member of
the ECE so requests, the Secretariat
shall arrange for the translation
of written submissions, replies
and comments, and the ECE report;
and for the interpretation of
oral presentations, as the case
may be.
|
| 72. |
Any
time period under these rules
for comment by a Party on written
submissions, replies, comments
or views of another Party shall
be extended for a reasonable period,
not to exceed 10 business days,
necessary to complete the translation
of the submissions, replies, comments
or views. On agreement of the
Parties, the time period may be
extended for a further period
not to exceed 10 additional business
days.
|
| 73. |
The
costs incurred to prepare translations
of written submissions, replies,
comments or views and of the draft
and final reports as well as of
interpretation requirements in
ECE information fora shall be
included in the ECE budget.
|
| 74. |
Any
Party may provide comments on
a translated version of a document
that is prepared in accordance
with these rules. |
Computation
of Time
| 75. |
In
computing any period of time prescribed
or allowed by these rules or by
the ECE, the day of the act or
event when the designated period
of time begins to run shall not
be included. The last day of the
period shall be included unless
it is not a business day as defined
by these rules, in which event
the period runs until the end
of the next business day.
|
ECE
Archives
| 76. |
After
the submission of the final ECE
report, all relevant documents
related to the work of the ECE
shall be deposited with the Secretariat
in accordance with the policy
of the Commission for Labor Cooperation.
|
Amendment
| 77. |
The
Council may amend these rules
at any time. |
Authentic
Texts
| 78. |
The
English, French and Spanish
texts are equally authentic.
|
For a free copy of this report
write to clcpubs@naalc.org.
|
