What is an "Article 13" report?

Article 13 refers to a section of the North American Agreement on Environmental Cooperation (NAAEC) that gives the CEC Secretariat authority to prepare a report on issues of environmental importance and to present it to the governments and people of Mexico, Canada, and the United States. NAAEC is considered a side agreement to the North American Free Trade Agreement (NAFTA) and represents the commitment of the three NAFTA countries to various cooperative endeavors intended to protect and enhance the environment of North America. You can read the full text of the NAAEC , including the specific Article 13 reference, online.

What is the purpose of this report?

The purpose of this report is to examine, from different perspectives, issues related to gene flow from transgenic varieties of maize to Mexican land races of maize and their wild relatives, and the conservation of biodiversity in this centre of origin. At the conclusion of this examination, the Secretariat will prepare a report including findings, background papers on key issues and recommendations from our advisory group. The final report will be presented to the Council of the CEC, representing the governments of Mexico, Canada, and the United States.

Why is the CEC Secretariat looking into the diversity of traditional maize in Mexico?

The potential effects of transgenic maize on traditional varieties—or land races—of maize in Mexico have been a source of public debate for several years. Following the introduction by the Mexican government of a moratorium on the planting of transgenic maize crops, the issue of the effectiveness of this measure remains a source of analysis and debate. Since April 2002, the CEC Secretariat has received a number of letters and petitions from members of civil society in Mexico and worldwide, requesting that the Secretariat initiate a report on this issue.

What is the concern about the transfer of genes from transgenic maize?

The central issue concerns gene flow that usually occurs via the transfer of pollen, and includes the natural transfer of genes from genetically modified plants to traditional maize and its wild relatives. Transgene flow may threaten the diversity of teosintes—wild relatives of maize—and Mexican land races, crop varieties with a broad genetic basí resulting from thousands of years of development and adaptation to particular soil types and microclimates. This is of particular concern not only because of the socio-cultural and economic importance of traditional maize agriculture, but because Mexico is a centre of origin for this important food crop.

How will the report proceed?

As with previous reports prepared in accordance with Article 13, the process will include:
  • Selection of an advisory group;
  • Distribution of discussion papers, prepared by independent experts, on potential issues to be considered in the report;
  • Release of the terms of reference for public comment;
  • Development of various background papers and report chapters by independent experts to fulfill the project's scope and objective;
  • Release of these draft documents for public comment;
  • A public symposium at which the issues are given further scrutiny;
  • Submission of the Secretariat's report, including recommendations from the advisory group, to Council; and,
  • Public release of the final report, unless the Council decides otherwise.

What is the scope of the report?

The table of contents, chapter topics and authors selected to complete each chapter have been approved by the advisory group. Among other topics the report will assess:
  • Effects of transgenic maize on genetic diversity and natural ecosystems;
  • Social and cultural effects associated with transgenic maize production;
  • Identification of potential benefits and risks from growing transgenic maize; and
  • Public engagement in the management of biotech risks.

In addition to the report, the advisory group will make specific recommendations to the Council of the CEC. For more information, download the report outline and list of authors.

What is the opportunity for public involvement?

Throughout this process, transparency and accountability rules. Draft documents will be posted for public consideration on this web site as they become available. Submissions received on drafts circulated for public comment will also be posted. An open symposium, to be held in 2003, will provide more opportunity for public and stakeholder input. And, subject to approval of the Council, the final report and recommendations will be distributed to the public.

What is the role of the advisory group?

This group will provide advice to the Secretariat on the development of the report. Specifically, the advisory group will provide comments to the Secretariat on the report's scope and objectives, as well as comments on draft report chapters and background papers. The advisory group will also provide a final statement and recommendations to the Council on the issues raised in the report.

How was the advisory group selected?

The advisory group was selected by the Secretariat basíd on three principles: expertise, a balance of stakeholder representation, and country of origin. A representative of the Joint Public Advisory Committee (JPAC) of the CEC has also been appointed by JPAC.

Does the advisory group include biotech industry representatives?

The advisory group is a balanced group of experts representing stakeholders with an interest in this issue. In selecting the advisory group the Secretariat sought to include expert representatives from the fields of: ecology, biotechnology, ethics, conservation biology, plant ecology, sociology, genetics, agro biodiversity, environmental economics, trade, law, as well as the general public interest. You can review the credentials of advisory group members on the Advisory Group page.

What if there is no agreement on the issue or policy options by the advisory group?

When making recommendations to the Council, the advisory group will seek to operate via consensus. The group's operating procedures make provision for circumstances in which consensus may not exist, however. Specifically, the advisory group will make every effort to provide the Council with recommendations that articulate both the areas of agreement and disagreement. Individuals or groups of individuals who do not subscribe to the recommendations made to the Council may provide, in a timely manner, minority reports to the Council. The operating procedures adopted by the advisory group may be found on the Resources page.

Regardless of different perspectives among the advisory group, the Secretariat's final report will include all the evidence, information and analysis gathered during our report.

What's the role for other experts and different voices?

The Article 13 process allows the Secretariat to draw upon any relevant technical, scientific, or other information necessary to complete our report—from any source—including independent scientists, NGOs, the Joint Public Advisory Committee of the CEC, and community representatives. Experts—outside the advisory group—selected by the Secretariat for their scientific and technical expertise, will help write each report chapter. In turn, each chapter will be peer-reviewed, including a call for public comments and scrutiny during a public symposium. While specific topics and chapters have yet to be determined, this approach will greatly extend the expertise available to assist the Secretariat in the completion of this report.

What is the role of governments in this report?

Under the terms of Article 13, the production of this report is strictly independent of government. In preparing the report, the Secretariat of the CEC will seek input from competent national and international organizations, the private sector, various non-government organizations and individuals, the Joint Public Advisory Committee of the CEC, and other interested members of civil society. We will also seek input from the governments of Mexico, Canada, and the United States. However, the report itself remains a product of the Secretariat. As with the most recent Article 13 report on North America's electricity market, each government will be invited to comment on the final report. Such comments will be posted on the CEC web site.

Will you publish all the information and research?

Yes. All information, including the discussion papers, terms of reference, draft report chapters, and any research completed or compiled to assist us in completing the report, together with comments on draft documents circulated for public consideration, will be posted on this web site.

When will the public symposium take place and where?

This symposium—at which the draft final report will be presented and discussed—will occur on March 11 and 12, 2004, in Oaxaca, Mexico.

What is the timeline for this process?

We began this initiative in June 2002. We expect the final report will be presented to the CEC Council in June 2004.

What is the Secretariat's experience with previous Article 13 reports?

There have been four previous reports completed under Article 13 of the NAAEC. You can view each report and related materials at on our Other Initiatives page.
 

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