MEMORANDUM OF AGREEMENT ON ENVIRONMENTAL COOPERATION BETWEEN THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES AND THE GOVERNMENT OF NEW ZEALAND

The Government of the Republic of the Philippines and the Government
of New Zealand (hereinafter referred to collectively as the “Parties” or
individually as a “Party”, unless the context otherwise requires):

Desiring to strengthen their growing economic and political relationship;

Sharing a common aspiration to promote sound environmental policies
and practices between the Parties, to promote closer and greater
cooperation, and to improve the capacities and capabilities of the
Parties, including their respective concerned or relevant stakeholders
in addressing environmental issues/matters;

Committed to the pursuit of sustainable development, taking into
account the social, environmental, cultural and economic circumstances
of the Parties, and noting that it is essential for economic prosperity;

Desiring to strengthen their cooperation to contribute to the
development of appropriate global approaches to sustainable development
issues;

Reaffirming the international commitments made at the Earth Summit at
Rio de Janeiro in 1992 and at the World Summit on Sustainable
Development at Johannesburg in 2002 as well as those agreed to by the
Parties in multilateral environmental agreements;

Reaffirming the commitment of the Parties to develop the content of
their common agenda and to share the knowledge and experience gained in
the fields related to economic development and environmental protection;

Convinced that cooperation between the Parties in the above-mentioned
matters will serve their mutual interests and contribute to
strengthening the relations of friendship between the Parties;

HAVE AGREED AS FOLLOWS:

ARTICLE 1
OBJECTIVES

The objectives of this Memorandum of Agreement (MoA) shall be to:

(a) encourage and promote sound environment policies and practices
and improve the capacities and capabilities of the Parties, including
their respective concerned or relevant stakeholders in addressing
environmental issues /matters;

(b) promote through environmental cooperation, the commitments made by the Parties; and

(c) facilitate cooperation and dialogue in order to strengthen the broader relationships of the Parties.

ARTICLE 2
BASIC PRINCIPLES

1. The Parties respect their sovereign rights to set their own
policies and national priorities and to set, administer and enforce
their own environmental laws and regulations.

2. The Parties recognise that it is inappropriate to set or use their
environmental laws, regulations, poiicies and practices for trade
protectionist purposes.

3. The Parties recognise that it is inappropriate to encourage trade
or investment by weakening or reducing the protections afforded in
domestic environmental laws, regulations, policies and practices.

4. The Parties recognise the desirability of clear and well
understood sustainable development poiicies and practices and the value
of broad consultation in formulating these policies.

ARTICLE 3
COOPERATION ACTIVITIES

1. Taking account of their national priorities and available
resources, the Parties shall cooperate on mutually agreed environmental
issues including concerns such as sustainable management of the
environment, air quality management, water quality management, toxic
chemicals and hazardous and solid wastes management, restoration of
degraded watersheds, river basins and wetlands, and conduct of research
dealing with major river basins and concerns affecting or dealing with
climate change. Such cooperation shall be pursued through the
interaction of government, industry, educational and research
institutions between the Parties.

2. Each Party may, as appropriate, invite the participation of its
non-government sectors and other organisations in identifying potential
areas for cooperation.

3. The Parties may invite the participation of non-government sectors
and other organisations in undertaking cooperative activities as
mutually agreed between the Parties.

4. The Parties shall encourage and facilitate, as appropriate, the following activities:

(a) exchange of technical information and publications, including expanding networks for electronic information exchange;

(b) exchange of environmental experts and management personnel;

(c) conduct of seminars, workshops or fora of mutual interest or concern;

(d) collaborative research on subjects and in areas of mutual interest or concern; and

(e) any other modes of cooperation agreed upon by the Parties; Such
cooperation activities shall take into consideration each Party’s
environmental priorities and needs as well as the resources available.
The funding of cooperative activities shall be agreed by the Parties on a
case-by-case basis.

5. The Parties’ intention is to cooperate in environmental areas of
common gioba!, regional or domestic concern. To facilitate this, as an
initial step, the Parties shai! exchange lists of their areas of
interest.

ARTICLE 4
INSTITUTIONAL ARRANGEMENTS

1. With a view to guaranteeing the implementation of this MoA,
establishing a cooperation programme to be carried out within a
specified period and coordinating the cooperation activities referred to
in this MoA, the Parties shall establish an Environment Gommittee which
may include senior officials of their government agencies responsible
for environmental matters or such ther persons as deemed appropriate by
each Party. The Committee shall meet within the first year of the date
of entry into force of this MoA and subsequently thereafter as mutually
agreed by the Parties. Unless the Parties decide otherwise, the venue
for meetings will alternate between the Parties. The host country will
Chair the meeting.

2. Each Party shall designate a national contact point in the
relevant department at the appropriate level to facilitate communication
between the Parties concerning this MoA.

3. The Environment Committee and national contact points may
exchange information and coordinate activities under this MoA between
meetings using email, video conferencing or other means of
communication.

4. The functions of the Environment Committee shall include:

(a) establishing an agreed work programme of cooperative activities;

(b) overseeing and evaluating the cooperative activities;

(c) serving as a channel for dialogue on matters of mutual interest;

(d) reviewing the operation and outcomes of this MoA; and

(e) providing a forum for resolving differences.

5. In carrying out its work the Environment Committee may consult or
seek the advice of relevant stakeholders in each country and’may decide
to invite their attendance at meetings of the Environment Committee.

6. Each Party may provide an opportunity for relevant stakeholders to
submit views or advice to that Party on matters relating to the
operation of this MoA.

ARTICLE 5
CONSULTATION

1. Should any issue arise over the interpretation or application of
this MoA, either Party may request consultation with the other Party,
through the national contact point. The Parties shall make every
effort to reach a consensus on the issue/s of concern through
cooperation, consultation and dialogue.

2. If a Party seeks a meeting of concerned Parties to assist in the
resolution of any such issues the Parties shall meet as soon as
practicable and, unless otherwise mutually agreed, no later than 90 days
following the request.

3. The matter may be communicated to the Environment Committee which may include Ministers, for consultations.

ARTICLE 6
DISCLOSURE OF INFORMATION

1. No Party shall disclose any information provided by the other
Party under this MoA and claimed by the other Party to be confidential
without the other Party’s approval, except where required to do so under
the laws governing the Party that received the information, subject to a
court order.

2. Nothing in this MoA shall be construed to require a Party to
furnish or allow access to information the disclosure of which it
considers would be contrary to the public interest or the laws governing
that Party.

ARTICLE 7
ENTRY INTO FORCE, AMENDMENT AND TERMINATION

1. This MoA shall enter into force on the date of the iater
notification by the Parties, through the diplomatic channel, indicating
completion of their respective domestic requirements for entry into
force.

2. Either Party may propose in writing, through the diplomatic
channel, amendment to this MoA. Any amendments agreed in writing by the
Parties shall enter into force in the same manner as set out in the
preceding paragraph.

3. This MoA shall remain in force for a period of three (3) years
from the date of its entry into force and shall automatically renew for
further periods of three (3) years unless one Party notifies the other
Party of its intention to terminate this MoA by notice in writing,
through the diplomatic channel, at least six (6) months prior to the
intended date of termination.

4. Notwithstanding Paragraph 3 and unless the Parties otherwise
agree, this MoA shall continue as if in force in relation to programmes
and/or projects begun prior to termination.

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

Done at Wellington and Manila on the dates indicated.

(Sgd.)	(Sgd.)
For the Government of the Republic of the Philippines	For the Government of New Zealand
Dated this 12 day of December 2008 MANILA	Dated this 4 day of November 2008 WELLINGTON