Memorandum of Understanding Between The Environmental Protection Agency Of the United States of America and The Ministry of Environment and Forests Of the Government of India Concerning Cooperation In Environmental Protection
The Environmental Protection Agency (EPA) of the United States of America and the Ministry of Environment and Forests (MOEF), Government of India, hereinafter referred to as the "Agencies,"
RECALLING that environmental protection constitutes an integral part of the development process and cannot be considered in isolation from it, as reflected in Principle 4 of the 1992 Rio Declaration on Environment and Development of the United Nations Conference on Environment and Development (hereinafter the "Rio Declaration");
NOTING the need for States to cooperate and to strengthen internal capacity-building for sustainable development by improving scientific understanding through the sharing of scientific and technical knowledge, as reflected in Principle 9 of the Rio Declaration;
RECOGNIZING the international character of many environmental problems and the importance of environmental protection and management policies to the well-being of present and future generations;
RECALLING that the Declaration of the United Nations Conference on the Human Environment, held in Stockholm in 1972, called upon nations to collaborate to resolve environmental problems of common concern;
REAFFIRMING the commitment in the Joint Statement between the United States of America and Republic of India, issued in Washington, D.C. on November 9, 2001 by the President of the United States and the Prime Minister of India, to complete the process of qualitatively transforming US-India relations in pursuit of their many common goals in Asia and beyond;
RECOGNIZING that this Joint Statement identifies environment as a specific area for broadened dialogue and cooperation;
INTEND to create a framework for cooperative actions, as described below:
Section I Purpose
This Memorandum of Understanding ("MOU") provides a framework for policy and technical cooperation between the U.S. Environmental Protection Agency and the Ministry of Environment and Forests, Government of India on the basis of common concern for the protection of the environment as well as to pursue sustainable development. The Agencies intend to form a long-term partnership to pursue such cooperative activities.
Section II Scope of Work
- Cooperative activities in the field of environmental protection and
sustainable development under this MOU are expected to take a variety
of forms, and may consist of information exchange activities including
workshops and seminars, joint research projects, training, demonstration
projects, and such other activities as the Agencies may jointly undertake.
- Major activity areas expected to be covered may include environmental
governance, air and water quality management, and management of toxic
chemicals and hazardous waste. Projects may relate to such areas as
environmental health (particularly children's health), pollution prevention
and control, environmental management systems, environmental monitoring
and assessment; environmental risk assessment and risk management, public
access to environmental information, public participation in environmental
decision-making, environmental education, strengthening of environmental
law regimes, compliance assurance, implementation of international environmental
agreements, the environmental dimension of trade and investment liberalization,
and such other areas as the Agencies may agree upon.
- EPA and MOEF may engage in activities under this MOU collaboratively
with other governmental agencies, including State Governments, and with
international institutions, as appropriate.
- EPA and MOEF may use the services of, and enter into assistance arrangements with, other institutions, including governmental, universities or other research organizations, private contractors, and non-governmental organizations, to help develop and conduct activities under this memorandum.
Section III Funding
- Each agency is expected to bear the expense of its participation in
activities under this Memorandum. A number of activities under the memorandum
may, through appropriate funding mechanisms, involve a transfer of funds
by or through the agencies, or a transfer of funds from other collaborating
organizations including the U.S. Agency for International Development,
Multilateral Development Banks, or other donor organizations, as appropriate.
- Each agency should seek to leverage resources for activities under
this MOU, as appropriate, through cooperation with other entities sharing
- The ability of each Agency to carry out activities under this MOU is subject to the availability of funds, personnel and other resources.
Section IV Management
- Each Agency intends to designate a Coordinator to be responsible for
oversight of activities under this MOU. Each Agency may designate a
replacement Coordinator at any time upon written notice to the other
- It is expected that the Coordinators would meet at least twice a year
to discuss activities under this MOU, and to review implementation progress,
any problems experienced as well as to discuss planning of future activities.
- EPA and MOEF intend that the Coordinators develop yearly workplans
outlining activities to be implemented under the MOU. Typically the
workplan should describe the scope of activities, the desired outcomes,
the work products, the responsibilities of EPA and MOEF, the schedule
and estimated budget, any reporting procedures, and other appropriate
matters. Yearly workplans should be approved for EPA by the Assistant
Administrator for International Activities and for MOEF by the Secretary.
- The Agencies may develop separate instruments for undertaking specific projects arising out of this MOU.
Section V Applicability of U.S. and Indian Law
All activities undertaken pursuant to this MOU are subject to applicable Indian law as well as applicable U.S. law.
Section VI Extension, Modification and Termination
Activities under the present MOU may commence on the date of its signature and continue for a period of five (5) years. Thereafter the MOU may be extended for similar periods by mutual written consent of both the Agencies.
Either Agency may terminate this MOU at any time by giving a written notice to the other Agency through its diplomatic channels. Unless otherwise decided, the termination of this MOU should not affect the validity of the activities undertaken pursuant to the Memorandum that have been initiated prior to, but not completed at the time of, such termination.
This MOU may be modified or amended at any time by mutual written consent of the Agencies.
Signed at New Delhi, on January 16, 2002; in Hindi and English languages, both texts being equally authentic. In case of any divergence in interpretation, the text in English shall prevail._/signed/_________________________
Minister of Environment and Forests
Government of Republic of India
Christine Todd Whitman
United States Environmental Protection Agency
Government of the United States